AL Ameen vs State Of Kerala

C.Pratheep Kumar, J

This is an application for regular bail filed under Section 439 Cr.P.C by the 1st accused involved in Crime No.1115 of 2023 of Kovalam Police Station. The offences alleged against the petitioner are under Sections 294(b), 323, 324 and 326 r/w 34 of Indian Penal Code.

The Prosecution case is that on 29.10.2023 at about 10.30 p.m., due to the previous enmity towards the de facto complainant, the petitioner along with the 2nd accused abused the de facto complainant and one Anil, in front of the house at Kunnampara. The first accused, using a piece of hollow brick, hit the de facto complainant, resulting in serious injuries to his forehead and a fracture to his nose. It is also alleged that if the de facto complainant did not evade the blow directed towards his head, the same would have even resulted in causing his death. The accused has been in custody since 30.10.2023.

According to the learned counsel for the petitioner, this is a false case foisted against him and also that he is innocent.

On the other hand, the learned Public Prosecutor strongly opposed the application. However, it is submitted that there are no other cases against the petitioner. The 2nd accused has already been released on bail.

Considering the fact that the petitioner has been in custody since 30.10.2023 and he has no criminal antecedents, I am inclined to allow this application, subject to the following conditions :-

(i) The petitioner is released on bail on executing bond for Rs.50,000/- (fifty thousand only) with two solvent sureties for the like sum to the satisfaction of the Court below.

(ii) The petitioner shall report before the Investigating Officer on every Tuesday between 10.00 am and 11.00 am till the final report is filed or till the end of January, 2024, whichever is earlier.

(iii) The petitioner shall co-operate with the investigation. He shall not intimidate or influence the witnesses or tamper with the evidence.