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P.D. Sudheeshkumar v/s State of Kerala


Company & Directors' Information:- PD CORPORATION PRIVATE LIMITED [Active] CIN = U29253MH2011PTC221370

    Bail Application No. 7763 of 2019

    Decided On, 02 December 2019

    At, High Court of Kerala

    By, THE HONOURABLE MR. JUSTICE R. NARAYANA PISHARADI

    For the Appearing Parties: K. Deepa (Payyanur), R. Rekha, C.K. Prasad, Advocates.



Judgment Text


1. This is an application for bail filed under Section 439 Cr.P.C.

2. The petitioner is the sole accused in the case registered as Crime No.813/2019 of the Hill Palace Police Station under Sections 323, 324, 325 and 308 I.P.C.

3. The prosecution case is as follows: The de facto complainant is the brother of the father of the accused. The de facto complainant had admonished the accused with regard to his use of ganja and his association with anti-social elements. The accused had enmity towards the de facto complainant for that reason. On 20.04.2019, at 21.00 hours, the accused reached the house of the de facto complainant and attacked him with an iron rod. He beat the de facto complainant on the forehead with the iron rod. When the wife of the de facto complainant tried to intervene, the accused hit on her face with his hand causing injury to her tooth and he also pushed her down and kicked her on the back.

4. After completing the investigation of the case, chargesheet has been filed against the petitioner for the offences mentioned above.

5. Heard learned counsel for the petitioner and the learned Public Prosecutor.

6. The petitioner was arrested on 29.07.2019 and since then he has been in custody.

7. The petitioner had earlier filed an application for bail as B.A.No.6020/2019. The aforesaid application was dismissed by another learned Judge of this Court as per the order dated 30.08.2019. This is the second bail application filed by the petitioner before this Court.

8. Learned counsel for the petitioner contended that the petitioner was brutally attacked by the de facto complainant and his son and a counter case has been registered against them as Crime No.814/2019 of the Hill Palace police station in that regard.

9. The contention of the learned counsel for the petitioner that, the case registered as Crime No.814/2019 of Hill Palace police station is a counter case to the present case, cannot be accepted. The incident in the present case (Crime No.813/2019) had occurred at 21.00 hours on 20.04.2019. The incident in the case registered as Crime No.814/2019 had occurred at 21.20 hours on 20.04.2019 at a different place. It appears that the attack allegedly made on the accused by the de facto complainant and his son was an act of retaliation to the attack made by the accused on them. In these circumstances, the two cases cannot be strictly treated as 'case and counter'.

10. The offences alleged against the petitioner are punishable under Sections 323, 324, 325 and 308 I.P.C. The offence punishable under Section 308 I.P.C is alleged against him for the reason that he had made attempt to inflict a blow on the head of the de facto complainant with an iron rod but the de facto complainant evaded the blow and if the blow had hit on his head, it would have caused injury which was likely to result in death.

11. The wound certificate issued in respect of the de facto complainant shows only the following injuries on the forehead: (i) Lacerated wound of 3 x 1 cm on the right side of the forehead. ii) Lacerated wound of 1 x 0.5 cm on the left side of the forehead.

12. Considering the nature of the injuries alleged to have been caused by the petitioner to the de facto complainant and also considering the fact that he has been in jail for the last more than four months and further considering the fact that final report has already been filed in the case, I am inclined to grant bail to the petitioner on conditions.

13. However, regarding the conditions to be imposed on granting bail to the petitioner, this Court has to take into consideration many matters.

14. Learned Public Prosecutor has submitted that the petitioner is a habitual offender and he is involved in many criminal cases. The case diary as well as the report of the investigating officer reveals that the petitioner is an accused in the following pending cases. (i) Crime No.968/2014 of the Hill Palace police station registered under Section 118A of the Kerala Police Act. (ii) Crime No.2038/2016 of the Hill Palace police station registered under Section 20(b)(ii)(A) of the Narcotic Drugs and Psychotropic Substance Act. (iii) Crime No.720/2017 of the Hill Palace police station registered under Sections 341 and 506 I.P.C. (iv) Crime No.1989/2017 of the Hill Palace police station registered under Sections 447, 341 and 323 I.P.C. (v) Crime No.145/2018 of the Hill Palace police station registered under Sections 341, 323 and 324 read with 34 I.P.C.

15. The case diary as well as the report of the investigating officer shows that the petitioner was an accused in the following cases and he was acquitted in the aforesaid cases: (i) Crime No.14/1998 of the Hill Palace police station registered under Sections 143, 147, 148, 341, 326 and 302 read with 149 I.P.C. (ii) Crime No.334/2001 of the Hill Palace police station registered under Section 379 read with 34 I.P.C. (iii) Crime No. 276/2003 of the Hill Palace police station registered under Sections 323 and 326 read with 34 I.P.C. (iv) Crime No.373/2015 of the Hill Palace police station registered under Section 498A I.P.C.

16. Learned counsel for the petitioner contended that though the petitioner was implicated in so many cases, he has been acquitted in all those cases which have been disposed of so far. However, considering the criminal antecedents of the petitioner, I am of the view that, a condition has to be imposed that he shall not involve in any other criminal case while he is on bail in this case.

17. The case diary reveals that the petitioner was enlarged on bail in some of the cases but subsequently, he made default in appearance before the court and non-bailable warrant was issued against him. Considering this aspect, it is also necessary to ensure that sufficient solvent sureties are produced by him to take him on bail.

18. The case diary also reveals that the wife of the de facto complainant had made complaint to the police that the petitioner had threatened her after the incident but before he was arrested by the police. This is a serious matter to be taken into consideration. This Court has to ensure that the petitioner shall not threaten the witnesses and it would be necessary to restrict his movements for that purpose.

19. In the result, the petition is allowed. The petitioner shall be released on bail on the following conditions:

i) The petitioner shall execute a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties for the like amount to the satisfaction of the jurisdictional court concerned.

ii) The sureties of the petitioner shall produce original documents of the properties owned by them, along with attested copies of those documents, to prove their solvency. The original documents shall be returned to them after verification by the court. The jurisdictional court shall ensure the identity and solvency of the sureties.

iii) The petitioner shall not, in any manner, intimidate or influence the de facto complainant or the members of his family or other prosecution witnesses in the case.

iv) The petitioner shall not enter into the limits of Hill Palace police station till the disposal of the present case against him except for the purpose

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of appearing in any court or for appearing before the investigating officer in any case in which he is an accused. v) The petitioner shall surrender his passport in the jurisdictional court concerned within three days of his release on bail. If he has no passport, he shall file an affidavit to that effect in that court within that period. vi) The petitioner shall not leave the State of Kerala without the prior permission of the jurisdictional court concerned. vii) The petitioner shall not involve in any other criminal case while he is on bail in this case. viii) If the petitioner violates any of the aforesaid conditions of bail, the jurisdictional court is at liberty to cancel the bail granted to him, without any further orders of this Court, but in accordance with law.
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