A. Badharudeen, J
1. This is a petition filed under Section 439 of the Code of Criminal Procedure, seeking regular bail and the petitioner is the 1st accused in crime No.136/2023 of Njarakkal Police Station, Ernakulam.
2. Heard the learned counsel for the petitioner as well as the learned Public Prosecutor. Perused the relevant materials form part of the case diary, placed by the learned Public Prosecutor.
3. The prosecution case is that, at about 10.00 am on 19.02.2023, the accused herein after sharing common intention to commit murder of the defacto complainant, jointly attacked him and caused very serious injuries including fractures in their attempt to commit his murder. Although, the defacto complainant sustained very serious injuries, he survived. Pursuant to the occurrence, recording the statement of the defacto complainant crime alleging commission of offences punishable under Sections 341, 326, 307 and 201 of IPC was registered and is on investigation.
4. While pursuing the relief of regular bail to the petitioner, the learned counsel for the petitioner would submit that, in this matter, case as well as counter were registered and Crime No.135 of 2023 of Njarakkal Police Station is the counter case registered, since the brother of the petitioner herein sustained injuries in the same occurrence. In the said counter case, the prosecution alleges commission of offence punishable under Section 307 of IPC. The learned counsel for the petitioner also submitted that the brother of the petitioner by name Brucelee, sustained injuries in the counter case also. It is pointed out further that, the petitioner is a person suffering from cardiac disorder. Therefore, taking into consideration the progress of investigation and the custody of the petitioner from 22.02.2023, he may be released on regular bail.
5. The learned Public Prosecutor strongly opposed grant of regular bail and submitted that, the defacto complainant sustained seven lacerated wound of lengthy size including two fractures viz. fracture of nasal bone right side and depressed fracture of left zygomatic arch. It is submitted further that, the petitioner is a person having criminal antecedents, though the offences alleged are minor in nature.
6. On scrutiny of the case diary, use of soda bottle by the 1st accused/petitioner herein to beat on the face and head of the defacto complainant and consequential injuries including seven lacerated wounds and fractures as pointed out by the learned Public Prosecutor could be gathered.
7. Though, the petitioner is having four criminal antecedents, the same are not serious in nature. Even though, the learned counsel for the petitioner submitted that, Brucelee, the brother of the petitioner sustained serious injuries in the counter case, in the medical certificate, deep wound on left parietal of 5x1 cm, superficial laceration right parital region 2x2 cm and lacerate back of head 1x10 cm are narrated.
8. Since there is case and counter, the truth of the allegations are matter of evidence. The petitioner has been in custody from 22.02.2023 onwards. Going through the prosecution records, it appears that the investigation has achieved much progress. Therefore, I am inclined to enlarge the petitioner on bail since the investigation requiring his custody is practically over.
Therefore, this petition stands allowed. The petitioner is released on regular bail on conditions:
i. The petitioner shall be released on bail on his executing bond for Rs.50,000/- (Rupees Fifty Thousand Only) with two solvent sureties, each for the like amount to the satisfaction of the Jurisdictional court concerned.
ii. The petitioner shall not intimidate the witnesses or tamper with evidence. He shall co-operate with the investigation and shall be available for trial.
iii. The petitioner shall appear before the Investigating Officer as and when directed, apart from appearing before the Investigating Officer on all Mondays between 9 am and 10 am, for a period of two months.
iv. The petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of this case, so as to dissuade him from disclosing such facts to the court or to any police officer.
v. The petitioner shall not involve in any other offence during the currency of bail and any such event, if reported, or came to the notice of this court, the same shall be a reason to cancel the bail hereby granted.
