Ansar vs State Of Kerala

The applicant is the sole accused in Crime No.818/2020 of Pothanikadu Police Station, Ernakulam, for having allegedly committed offences

punishable under Sections 323, 324, 308 of the IPC.

The prosecution case, in brief, is that the applicant allegedly attacked the de facto complainant with a stick on 29.11.2020 at about 7.30 p.m for the

reason that the de facto complainant had posted and circulated misleading information about the applicant and the members of his family in the

whatsapp. Serious injuries were caused to the de facto complainant all over his body with the stick. The applicant thus attempted to commit culpable

homicide since the blow on the head of the de facto complainant could have proved fatal.

The applicant was arrested on the same day and remanded to judicial custody. Recovery of the weapon has been completed. The applicant has no

criminal antecedents. He therefore seeks regular bail.

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

The learned Public Prosecutor points out towards the injuries sustained by the de facto complainant to argue that the applicant was very aggressive

in attacking the de facto complainant with a stick. However, it is admitted that the applicant has no criminal antecedents and the recovery has also

been effected.

Considering the arguments advanced by both sides, I find that the applicant is a person without any criminal antecedents and since the investigation

has progressed while further incarceration of the applicant may not be necessary for any purpose.

In the result, the bail application is allowed and the applicant is directed to be released on bail on execution of 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;

(1) He shall appear before the investigating officer on all Mondays between 9 a.m and 12 noon for a period of two months or till filing of the final

report whichever is earlier.

(2) He shall not attempt to influence or intimidate the witnesses.

(3) 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.