Abhinas vs State Of Kerala

Mohammed Nias C.P., J.

This application is filed under Section 439 of the Code of Criminal Procedure, seeking regular bail.

The petitioner is the 2nd accused in Crime No. 1561/2023 of Thrikkakara Police Station, Ernakulam, for having allegedly committed offences punishable under Sections 341, 323, 324, 308 r/w Section 34 of the Indian Penal Code.

The prosecution case is that, the 1st accused named Nadirsha and the applicant have assaulted the 3rd respondent on 27/08/2023 at about 3.00 p.m., near Kandari's Thattukada adjacent to Palachuvadu Juma Masjid in Padamugal, Vazhakkala Village on account of the animosity for the reason that the 3rd respondent demanded Rs.500/- provided by him as loan to the 1st accused which was already repaid by the 2nd accused and as a result of scuffle between the accused and the 3rd respondent, it was alleged that the applicant had pushed down by pulling him over his shoulder and the 1st accused had hit on the forehead of the 3rd respondent causing injury and the 2nd respondent had also caused injury on the right side of the neck of the 3rd respondent and thereby committed the offence.

The learned counsel appearing for the petitioner would say that the petitioner is totally innocent and falsely implicated with ulterior motives. He also submits that, the 1st accused against whom the overt act is alleged is enlarged on bail on 08/09/2023.

The learned Public Prosecutor argues that there are three antecedents against this petitioner (2nd accused) having involved in offences under the Indian Penal Code. However, taking into account the fact that, prima facie, the role of the 2nd accused/ petitioner herein is minimal in this case and that he has been under custody since 28/08/2023, I am inclined to grant bail to the petitioner.

Accordingly, this application is allowed, and the petitioner is granted bail subject to the following conditions:-

(i) The petitioner shall be released on bail on 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 jurisdictional court;

(ii) The petitioner shall report before the Investigating Officer as and when required to do so.

(iii) The petitioner shall not tamper or attempt to tamper with the evidence or influence or try to influence the witnesses.

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

(v) If any of the conditions is violated, the court concerned shall be empowered to take steps for cancellation of bail as per law.