Dinesh Kumar vs State Of Kerala

The first accused in Crime No. 276/2021 of Aranmula Police Station has moved this application under Section 439 of the Code of Criminal

Procedure seeking his release on bail. He was arrested for the case on 10.03.2021.

The allegation against the petitioner and others is that they, in furtherance of their common intention, assaulted and injured the defacto complainant

and thus offence punishable under Sections 341, 294(b), 323, 324, 326 read with Section 34 of the Indian Penal Code is alleged against the petitioner

and others.

I heard learned counsel on both sides.

The learned Public Prosecutor submitted that the weapon used for commission of the crime has been recovered from the petitioner. Even though

other accused are not arrested, it seems, there is no allegation that they had used any weapon of offence. The fact that the co-accused is not yet

arrested is not a valid ground for the continued detention of the petitioner. Considering all aspects and the fact that he has no criminal antecedents and

since he is in custody from 10.03.2021 onwards, he shall be released on bail, on the following conditions:-

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

of the trial court;

ii) He shall not try to contact or influence the witnesses or tamper with the evidence;

iii) He shall not enter Aranmula Police Station limits, until filing of final report;

iv) Petitioner shall not leave India without permission of the jurisdictional Court;

v) He shall appear before the committal/trial court as and when required;

vi) The petitioner shall strictly follow the various guidelines issued by the State and Central Governments with respect to keeping of social distancing in

the wake of Covid 19 pandemic;

vii) If any of the above conditions are violated by the petitioner, the jurisdictional Court will be at liberty to cancel the bail in accordance with law.

This bail application is allowed as above.