Badusha @ Basha vs State Of Kerala

Gopinath P., J

This is an application for regular bail.

The petitioner is the accused in Crime No.5 of 2022 of Sasthamcotta Police Station, alleging commission of offences under Sections 341, 323, 324,

294 (b) and 307 read with Section 34 of the Indian Penal Code.

The allegation against the petitioner is that on 01.01.2022 at about 7.30 P.M, the de facto complainant was attacked by the petitioner and one other

person (A2) which resulted in serious injuries to the de facto complainant.

The learned counsel for the petitioner submits that, the petitioner is totally innocent to the matter and that the petitioner has been wrongly roped in

as an accused in the case. It is submitted that the alleged injuries to the de facto complainant are not serious. It is submitted that the alleged incident,

even according to the statement given by the de facto complainant, took place on the spur of the movement and between persons who were in an

inebriated condition after consuming toddy. It is submitted that the petitioner is an auto driver by profession and he is the only support of his family

consisting of his wife and two minor children. It is submitted that the continued detention of the petitioner is not necessary for the purpose of any

investigation.

The learned Public Prosecutor vehemently opposed the grant of bail. He submits that the petitioner has several criminal antecedents. He submits

that three cases are registered against him alleging commission of offences under Sections 308 and 326 of the IPC and one other case registered

against him under Sections 324 and 325 of the IPC. It is submitted with reference to the statement of the de facto complainant and also the wound

certificate issued in respect of the de facto complainant that the wounds to the de facto complainant are serious. It is submitted that investigation is

progressing and grant of bail at this stage may affect the progress of investigation as there is every chance in the petitioner may influence the material

witnesses and threaten and intimidate the de facto complainant.

Having regard to the facts and circumstances of the case and considering the fact that the petitioner has been in custody from 03.01.2022 and also

considering the fact that his continued detention may not be necessary for the purpose of any investigation and taking a lenient view on account of the

family circumstances of the petitioner, I am of the view that the petitioner can be granted bail subject to the following conditions:-

(i) The petitioner shall execute bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties for the like sum to the satisfaction of the Judicial

Court.

(ii) The petitioner shall co-operate with the investigation and shall report before the investigating officer in Crime No.5 of 2022 of Sasthamcotta Police Station every

alternate day from 24.01.2022 till 28.02.2022 and thereafter whenever called upon to do so;

(iii) The petitioner shall not attempt to interfere with the investigation, influence or intimidate the victim or any witness in Crime No.5 of 2022 of Sasthamcotta Police

Station;

(iv) The petitioner shall not involve in any other crime while on bail.

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If any of the aforesaid conditions are violated, the investigating officer in Crime No.5 of 2022 of Sasthamcotta Police Station may file an application

before the Jurisdictional Court, for cancellation of bail.