Francis @ Binu vs State Of Kerala

Viju Abraham, J.

This is an application for regular bail.

Petitioner is the sole accused in Crime No.1054 of 2022 of Vattappara Police Station, Thiruvananthapuram District registered alleging commission of offences punishable under Sections 34, 294(b), 323, 324, 326 and 506(i) of the Indian Penal Code.

The gist of prosecution allegation is that on 30.10.2022 at about 1.30 p.m. when the defacto complainant refused to remove his lottery stall and board placed on the road side near to the shop room belongs to the petitioner, he got provoked and pulled the defacto complainant after uttering obscene words and also hit on his leg with an iron rod which caused fracture of his leg and thus the accused has committed the abovesaid offences.

Petitioner submits that he is totally innocent of the allegations levelled against him and he is in custody from 01.11.2022 onwards and that the investigation is practically over and therefore his further detention is not required for the purpose of investigation. Petitioner further submits that he is not involved in any other crimes.

Learned Public Prosecutor opposed the application for bail mainly contending that the defacto complainant, who is a lottery vendor, was brutally attacked by the petitioner and he sustained fracture of his left leg as he was beaten with an iron rod as he refused to shift the lottery stall and board placed on the road side near to the shop room belongs to the petitioner. Learned Public Prosecutor upon instructions submits that the petitioner has no other criminal antecedents.

Considering the facts and circumstances of the case and also taking into consideration the fact that petitioner is in custody from 01.11.2022 onwards and that he has no other criminal antecedents, I am inclined to grant bail to the petitioner. In the result, the 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 Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional court.

(ii) He shall appear before the investigating officer in Crime No.1054 of 2022 of Vattappara Police Station, Thiruvananthapuram District on all Saturdays at 11.00 a.m. until filing of final report.

(iii) He shall not attempt to interfere with the investigation or to influence any witness in the abovesaid crime.

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

If  any  of  the  aforesaid  conditions  are  violated,  the investigating officer in Crime No.1054 of 2022 of Vattappara Police Station, Thiruvananthapuram District may file an application before the jurisdictional court, for cancellation of bail.