Abhijith @ Jithu vs State Of Kerala

Gopinath P., J

This is an application for regular bail.

Petitioners are the accused in Crime No.16 of 2022 of Paravoor Police Station, Kollam District, alleging commission of offences under Sections

341, 294(b), 323, 324, 326 and 308 read with Section 34 of the Indian Penal Code. The allegation against the petitioners is that at about 02.00AM on

01.01.2022, the petitioners attacked the de-facto complainant and after wrongfully restraining him, the 1st accused / 1st petitioner hit the de-facto

complainant with a beer bottle causing injury to his forehead near to his right eye, resulting in internal bleeding and fracture to his bone. It is also

alleged that the petitioners kicked the de-facto complainant when he had fallen down.

The learned counsel for the petitioners would submit that the petitioners are absolutely innocent in the matter. It is submitted that the petitioners had

been attacked by the de-facto complainant and one Shoojan and the petitioners had actually contacted the police station on 01.01.2022 itself and had

given information that they had been attacked by the de-facto complainant and the aforesaid Shoojan. It is submitted that the police had not registered

any crime and much later on 06.01.2022, the present crime was registered alleging that the petitioners had attacked the de-facto complainant. It is

submitted that the petitioners have been in custody from 07.01.2022 and that continued detention is not necessary for the purpose of any investigation.

It is submitted that though the offence under Sections 326 and 308 of the Indian Penal Code had been alleged against the petitioners, there are no

wounds to the de-facto complainant, which would justify incorporating the offence under Section 326 of the Indian Penal Code. It is submitted that the

petitioners did not had any intention to cause death of the de-facto complainant or to cause any grievous hurt warranting the invocation of Section 308

of the Indian Penal Code. It is submitted that the only non-bailable offences alleged are that under Sections 326 and 308 of the Indian Penal Code.

The learned Public Prosecutor with reference to the First Information Statement of the de-facto complainant and the wound certificate issued in

respect of him submits that the contentions of the learned counsel for the petitioners are absolutely untenable. It is submitted that the wound certificate

issued in respect of the de-facto complainant corresponds to the statement given by him and suggests that he had suffered serious injuries. It is

submitted that going by the First Information Statement, it was the petitioners who had attacked the de-facto complainant. It is submitted that the

investigation is under progress and the grant of bail to the petitioners at this stage may not be conducive to the prosecution.

Having regard to the facts and circumstances of the case and considering the nature of the allegations against the petitioners and also considering

the fact that their continued detention may not be necessary for the purpose of investigation, I am of the view that the petitioners can be granted bail

subject to conditions. I also take note of the contention of the learned counsel for the petitioners that the 1st petitioner is suffering from cardiac

disorders. I also take note of the fact that the petitioners allege that they had actually complained about the attack on them by the de-facto

complainant and one Shoojan on 01.01.2022 itself.

In the result, this bail application is allowed and it is directed that the petitioners shall be released on bail subject to the following conditions:

(1) Petitioners shall execute separate bonds for sums of Rs.50,000/- (Rupees Fifty Thousand) each with two solvent sureties each for the like sum to the satisfaction

of the Jurisdictional Court;

(2) Petitioners shall not attempt to or to influence or intimidate the de-facto complainant or any witness in Crime No.16 of 2022 of Paravoor Police Station, Kollam

District,;

(3) Petitioners shall report before the investigating officer in Crime No.16 of 2022 of Paravoor Police Station, Kollam District, every Saturday at 11.00 A.M until filing of

final report;

(4) Petitioners shall not involve in any other crime while on bail.

If any of the aforesaid conditions are violated, the investigating officer in Crime No.16 of 2022 of Paravoor Police Station, Kollam District, may file an

application before the Jurisdictional Court for cancellation of bail.