Althaf vs State Of Kerala

Gopinath P., J

This is an application for regular bail.

The petitioner is the accused in Crime No.6/2022 of Mattancherry Police Station, Ernakulam District, alleging commission of offences under

Sections 341, 294(b) and 308 of the Indian Penal Code.

The allegation against the petitioner is that at about 5.00 p.m., on 3.1.2022, the petitioner wrongfully restrained the de facto complainant and beat

him up with an iron rod as a result of which the de facto complainant suffered injuries on the backside of his head.

The learned counsel for the petitioner submits that in fact the de facto complainant was the aggressor. It is submitted that the de facto complainant

had attacked the petitioner with an iron pipe and the petitioner had managed to escape from the place and had run to his house. It is submitted that the

de facto complainant had followed the petitioner to his house and also assaulted the deaf and dumb sister of the petitioner and that the petitioner also

suffered injuries owing to the attack by the de facto complainant. It is submitted that though the petitioner had taken treatment and had also filed a

complaint before the Police, owing to some previous issues, the Police had failed to register the complaint filed by the petitioner. It is submitted that the

petitioner has been in custody from 4.1.2022 and his continued detention is not necessary for the purposes of any investigation. It is also submitted that

the niece of the petitioner is to be married on 5.2.2022 and the presence of the petitioner is very much required in connection with the marriage

ceremonies.

I have heard the learned Public Prosecutor also.

The learned Public Prosecutor opposes the grant of bail. It is submitted with reference to the wound certificate in respect of the de facto

complainant that the de facto complainant had suffered serious injury. It is pointed out that the petitioner is having criminal antecedents and there are

at least seven cases registered against him. Though the learned counsel for the petitioner states that he has no instructions regarding the criminal

antecedents, the learned Public Prosecutor asserts that, as per the instructions received by him, the petitioner is accused in seven earlier cases

including one registered alleging commission of offence under Section 326 of the Indian Penal Code.

Having regard to the facts and circumstances of the case and considering the fact that the petitioner has been in custody from 4.1.2022 and noting

that his continued detention is not necessary for the purposes of any investigation, I am of the opinion that the petitioner can be released on bail subject

to conditions. The criminal antecedents reported do not compel me to refuse bail.

In the result this bail application is allowed. It is directed that the petitioner shall be released on bail, subject to the following conditions:-

(i) The petitioner shall execute a 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) The Petitioner shall report before the Investigating officer in Crime No. 6/2022 of Mattancherry Police Station on every Mondy at 9 a.m till filing of final report;

(iii) The petitioner shall not attempt to interfere with the investigation, influence or intimidate the de facto complainant or any witness in Crime No. 6/2022 of

Mattancherry 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. 6/2022 of Mattancherry Police Station may file an application

before the jurisdictional Court for cancellation of bail.