Amaljith vs State Of Kerala

The applicant is the first accused in Crime No.982/2020 of Kaipamangalam Police Station, Thrissur, for having allegedly committed offences

punishable under Sections 341, 323, 324, 506(1) and 308 r/w Section 34 of the IPC.

The prosecution case, in brief, is that on 01.11.2020 at about 4.45 p.m at Perinjanam Vinayaka road near the house of the de facto complainant, the

applicant in furtherance of common intention with the other accused, owing to the previous enmity between the applicant and the de facto

complainant, wrongfully restrained him and thereafter the first accused allegedly slapped the de facto complainant on his cheek and thereafter the 2nd

accused repeatedly hit the de facto complainant on his head with a granite stone and also with a stick and caused injuries to the vital part of his body

and attempted to commit culpable homicide not amounting to murder. The applicant allegedly sat on the de facto complainant and hit him on his head

with a stone.

The applicant states that he is innocent, he has no criminal antecedents and he had only slapped the de facto complainant and therefore, he may not

be detained any longer. The 2nd accused was already granted bail by this Court. The applicant has been in custody since 03.11.2020.

Heard the learned counsel for the applicant and the learned Public Prosecutor.

The learned Public Prosecutor has opposed the application for bail mainly on the ground that the 3rd accused is a notorious criminal and several

crimes were registered against him. The applicant is the active member of that gang, although he has no criminal antecedents.

Considering the submissions made on both sides, I find that the applicant has no criminal antecedents. He has been in custody since 03.11.2020 and

the allegation is that he had used stone to hit the de facto complainant on his head. The injuries sustained are not life-threatening. Under the

circumstances, the applicant is no longer to be detained in custody.

In the result, the bail application is allowed and the applicant is directed to be released on bail on the execution of a bond for Rs.50,000/- (Rupees

Fifty Thousand only) with two solvent sureties for the like amount each to the satisfaction of the jurisdictional court and on the following conditions;

He shall appear before the investigating officer as and when called for.

He shall not attempt to influence or intimidate the witnesses.

He shall not get involved in similar offences during the currency of the bail.

In the event of violating the bail conditions, the prosecution shall be at liberty to apply for cancellation of bail before the jurisdictional court.