Babu vs State Of Kerala

Mohammed Nias C.P. J

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

The petitioner is the sole accused in Crime No.926/2023 of Koratty Police Station, pending before the JFCM-1, Chalakkudy, Thrissur, for having committed offences punishable under Sections 341, 324 and 308 of the Indian Penal Code.

The prosecution case is that on 29.08.2023 at about 7.45 a.m, when the petitioner reached “Kattapuram Library” on a motorcycle, which hit the defacto complainant, and when the same was questioned, the petitioner attempted to attack the defacto complainant by “Kolayeri” thus caused minor injuries and thereby committed offences alleged.

The learned counsel appearing for the petitioner would say that the petitioner is totally innocent and falsely implicated with ulterior motives. At any rate, he points out that the petitioner is in custody from 30.08.2023, and continued custody of the petitioner is unnecessary.

The learned Public Prosecutor opposed the petition.

After having considered the submissions of the learned counsel for the petitioner and learned Public Prosecutor and taking note of the nature of the allegations/injuries allegedly inflicted by the petitioner, the fact that he has been in custody since 30.08.2023, that there are no antecedents reported against the petitioner and since there is no apprehension raised by the prosecution that if released on bail the petitioner is likely to abscond, I hold that bail can be granted 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.50000/- (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 directed

(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 be involved in any other crime while on bail.

(v) If any of the conditions are violated, the court concerned will be empowered to take steps for cancellation of bail as per law;