SUMESH Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner is the first accused in Crime No. 701 of 2013 of Kuzhalmannam Police Station registered for offences punishable under Sections 143, 147, 452, 436, 427 and 506(i) r/w. 149 of the Indian Penal Code. He has filed the above application seeking his release on bail under Section 439 of the Code of Criminal Procedure (for short "the Code"). Occurrence involved in the crime allegedly took place at about 4.40. p.m. on 03.06.2013. Petitioner with other accused persons as members of an unlawful assembly armed with deadly weapons, committed criminal trespass upon the residential building of the de facto complainant, damaged household properties and also set fire to the kitchen portion of that building, is the gist of the allegation, to proceed against him and other accused for the offences stated supra.

(2.) Learned counsel for petitioner submits that six accused persons were named in the FIR registered over the crime and when an application for pre-arrest bail was moved by all of them together before the sessions judge, the investigating agency reported that investigation then conducted disclosed that 2nd accused named in the crime was not culpable and hence was deleted from the array of the accused. The other accused except petitioner, who was proceeded as A1, were granted pre-arrest bail by the sessions judge. Annexure-B is copy of the order passed by sessions judge. Petitioner who alone was declined that discretionary relief complied with the directions given by sessions judge. He surrendered before the police on 22.07.2013. On such surrender he was arrested, and later, after interrogation, produced before the magistrate. His incarceration continues ever since his arrest, is the submission of counsel stating that for the purpose of completing investigation, his continued detention is not essential. Learned public prosecutor submits that investigation of the crime is still continuing. In case petitioner is released, adequate conditions be imposed to secure his presence for smooth completion of investigation, is the further submission. Having regard to the submissions made and taking note of the facts and circumstances presented, I find petitioner can be released on bail, at this stage subject to satisfaction of the following conditions:-