Biju vs State Of Kerala

Gopinath P., J

The petitioner is the accused in Crime No.1060/2021 of Nedumbassery Police Station, Ernakulam District alleging commission of offence under Section 307 of the Indian Penal Code.

The allegation against the petitioner is that on 25-12-2021 at about 12.30 p.m while the petitioner was consuming liquor at the Golf View Bar at Nedumbassery the petitioner had a verbal altercation with one Manu, one of the friends of the injured in the case. It is alleged that the issue got settled and later the petitioner came back at about 6 p.m and attacked the de facto complainant/injured with a soda bottle and inflicted injuries on him and thereby he committed the offence alleged against him.

The learned counsel for the petitioner submits that the petitioner is absolutely innocent in the matter. It is submitted that the de facto complainant/injured had suffered injuries not on account of the alleged attack by the petitioner. It is submitted that the petitioner has been in custody from 26-12-2021 and his continued detention is not necessary as a final report has already been filed in the matter. It is submitted that the criminal antecedents reported against the petitioner may not be considered as preventing the grant of bail to the petitioner in this case.

The learned Public Prosecutor opposes the grant of bail. The circumstances of the case appearing from the records are pointed out. It is submitted that the petitioner has serious criminal antecedents and as may as 5 cases have been registered against him including one case under the Narcotic Drugs and Psychotropic Substances Act for consumption of drug. It is submitted that the petitioner is not entitled to be released on bail.

Having regard to the facts and circumstances of the case and considering the fact that the final report has already been filed in the matter, I am of the view that the continued detention may not be necessary. I note that the petitioner has already been in custody for more than 100 days.

In the result this bail application is allowed. It is directed that the petitioner shall be released on bail, subject to the following conditions:-

(i) The petitioner shall execute a bond for a sum of Rs.50,000/- (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 in Crime No.1060/2021 of Nedumbassery Police Station on every Saturday at 11 a.m until further orders;

(iii) The petitioner shall not attempt to interfere with the investigation, influence or intimidate the de facto complainant or any witness in Crime No.1060/2021 of Nedumbassery Police Station;

(iv) The petitioner shall surrender his passport before the jurisdictional Court. If the petitioner does not have a passport, he shall execute an affidavit to that effect and file the same before the jurisdictional court within seven days of release on bail;

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

If any of the aforesaid conditions are violated, the Investigating officer in Crime No.1060/2021 of Nedumbassery Police Station may file an application before the jurisdictional Court for cancellation of bail.