Das vs State Of Kerala

Mohammed Nias. C.P.,J

The petitioner is the accused in Crime No.1159 of 2022 of Gandhinagar Police Station, for having committed offences punishable under Sections 294(b), 427 and 308 of IPC.

The allegation against the petitioner is that the petitioner rushed his autorickshaw towards the pan shop of the de facto complainant and caused damages to the goods. The de facto complainant suffered no injuries. He in fact attacked the petitioner and caused fracture on his left tibia. He also smashed the autorickshaw with an iron rod.

The petitioner would say that he is totally innocent and falsely implicated with ulterior motives. At any rate, he points out that he is in custody from 22.7.2022 and continued custody of the petitioner is unnecessary.

The learned Public Prosecutor opposed the grant of bail and submitted that there are criminal antecedents against the petitioner. It was further submitted that charge sheet has been submitted.

After having considered the submission of the learned counsel for the petitioner and learned Public Prosecutor and considering the nature of the offences committed by the petitioner and the fact that he is in custody from 22.7.2022 also since there is no apprehension raised by the prosecution that if he is 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 bond for Rs.50,000/- with solvent sureties each for the like sum to the satisfaction of the jurisdictional court.

(ii) The   petitioner   shall   not   tamper   or attempt to tamper with the evidence or influence or try to influence the witnesses.

(iii) If any of the conditions is violated, the court concerned shall take steps for cancellation of bail as per law.

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