Bibin @Vipin Raveendran vs State Of Kerala

Application for regular bail under Section 439 of Cr.P.C. The applicant is the 2nd accused in Crime No.194/2021 of Aranmula Police Station for having allegedly committed offences punishable under Sections 294(b), 323, 326, 506 r/w Section 34 of IPC.

The prosecution case, in brief, is that on 13.02.02021 at about 9.30 p.m., near Iykaramukku Junction, the applicant along with the co-accused in furtherance of common intention hurled abuses at the de facto complainant, and thereafter assaulted him by means of dangerous weapon like a wooden stick causing a fracture to his nasal bone and thus committed the offence.

The applicant states that he is innocent and the allegations are not true. The injuries are not life-threatening. He was arrested on 27.02.2021. Recovery is completed and hence he may not be detained any longer.

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

The learned Public Prosecutor admits that the applicant has no criminal antecedents. The injuries sustained to the de facto complainant are not life-threatening. The recovery has been completed. Hence, I find no reason for further detention of the applicant or declining bail to the applicant. Hence the 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, each for the like amount to the satisfaction of the jurisdictional court and on following conditions:-

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

(ii) He shall not tamper with evidence, intimidate or influence the witnesses.

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

In case of violation of any bail condition, the prosecution is at liberty to apply for cancellation of the bail before the jurisdictional court.