Nijil v. State of Kerala, Represented By Public Prosecutor, Ernakulam
2017-09-08
RAJA VIJAYARAGHAVAN V.
body2017
DigiLaw.ai
JUDGMENT : 1. This application is filed under Section 439 of the Code of Criminal Procedure seeking bail. 2. The applicant has been arrayed as the 3rd accused in Crime No.1672 of 2017 of Palluruthy Police Station. The aforesaid Crime has been registered against the applicant and two others alleging offence punishable under Sections 341, 323, 354, 354-A, 294(b) read with Section 34 of the IPC. 3. The crux of the prosecution allegation is that on 2.8.2013 at 9.30 p.m. while the de facto complainant and her husband was coming in a bike, the applicant and two other accused who were standing by the side of the road obstructed them. There arose an altercation and pursuant to the same, the 1st and 2nd accused are alleged to have assaulted the de facto complainant and her husband. Some overtact is also alleged against the applicant herein. It is the case of the prosecution that the 2nd accused had touched the body of the de facto complainant, who is a lady, with intent to outrage her modesty. 4. Learned counsel appearing for the applicant would submit that the applicant has no criminal antecedents and that he was arrested on 3.8.2017 and since then he is languishing in custody. According to the learned counsel, he happened to be in the company of accused Nos. 1 and 2, who are hardened criminals which tag, will not apply to him. Continued incarceration is unwarranted, is the submission. 5. Learned Public Prosecutor, on the other hand, would submit that for absolutely no reason, the de facto complainant and her husband was wrongfully restrained and was brutally assaulted by the applicant as well as two others. However, it was submitted that accused Nos. 1 and 2 are persons with criminal antecedents and are involved in several offences which involve offences under the Narcotic Drugs and Psychotropic Substances Act as well. It is also submitted that while the accused persons were taken in custody, they had committed mischief inside the police lockup for which a subsequent crime has been registered. However, insofar as the applicant is concerned, no other cases are reported. 6. I have considered the submissions advanced by both sides and have gone through the materials on record. Accused Nos. 1 and 2 in the aforesaid Crime, appear to be inveterate offenders and they are not before this Court.
However, insofar as the applicant is concerned, no other cases are reported. 6. I have considered the submissions advanced by both sides and have gone through the materials on record. Accused Nos. 1 and 2 in the aforesaid Crime, appear to be inveterate offenders and they are not before this Court. The fact that the applicant was arrested on 3.8.2017 cannot be lost sight of. No other criminal antecedents are reported against the applicant. The investigation has proceeded much and further detention in custody of the applicant is not called for. 7. In the result, this application is allowed, but subject to the following conditions: 1. The applicant shall be released on bail on his executing a bond for Rs.50,000/-(Rupees Fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction. 2. The applicant shall appear before the Investigating Officer on all Saturdays between 9 a.m. and 10 a.m., for 2 months or till final report is filed, whichever is earlier. 3. The applicant shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence. 4. The applicant shall not commit any offence while he is on bail. 5. The applicant shall surrender his passport before the court below or if he does not have one he shall file an affidavit to that effect within five days of his release. In case of violation of any of the above conditions, the jurisdictional court shall be at liberty to cancel the bail in accordance with the law.