Abhilash vs State Of Kerala

Gopinath P., J

This is an application for regular bail.

Petitioner is the accused in Crime No.915/2021 of Pulikeezhu Police station, Pathanamthitta district, alleging commission of offences under Sections

294(b), 324 and 308 of the Indian Penal Code.

Allegation against the petitioner is that he attacked the de facto complainant, who is none other than his nephew, using a wooden stick and metal

square tube, as a result of which the de facto complainant suffered serious injuries.

Learned counsel appearing for the petitioner submits that the de facto complainant is a drug addict who is involved in several other cases. It is

submitted that on the day in question, the de facto complainant had come to the house of the petitioner and tried to pick up a quarrel with his

grandmother, who is staying with the petitioner. It is submitted that the petitioner only tried to prevent the same and actually the petitioner was

attacked by the de facto complainant. Lastly, it is submitted that the petitioner has been in custody from 30.12.2021 and his continued detention is not

necessary for the purpose of investigation into the matter.

Learned Public Prosecutor, on instructions, has taken me through the First Information Statement of thed e facto complainant and also referred to

the wound certificate issued in respect of the injuries and it is submitted that the de facto complainant had suffered serious injuries . On a specific

question as to whether any criminal antecedents are reported against the petitioner, it is submitted that the instructions received do not reveal that the

petitioner has any criminal antecedents.

Having regard to the facts and circumstances of the case and considering the fact that the petitioner has no criminal antecedents and also

considering the fact that his continued detention is not necessary for the purpose of investigation, I am of the opinion that the petitioner can be released

on bail subject to strict conditions. Accordingly, this application for bail is allowed and it is directed that the petitioner shall be released on bail subject

to the following conditions:-

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

jurisdictional court;

(ii) Petitioner shall appear before the investigating officer in Crime No.915/2021 of Pulikeezhu Police station on every Saturday at 11 am until filing of final report;

(iii) The petitioner shall not attempt to interfere with the investigation or to influence or intimidate the de facto complainant or any witness in Crime No. 915/2021 of

Pulikeezhu police station;

(iv) The petitioner shall not involve in any other crime while on bail.

If any of the aforesaid conditions are violated, the investigating officer in Crime No.915/2021 of Pulikeezhu police station may file an application

before the jurisdictional court, for cancellation of bail.