Hakkim vs State Of Kerala

Mohammed Nias C.P., J

This is an application filed under Section 439 of the Code of Criminal Procedure seeking regular bail.

The petitioner is the sole accused in Crime No.639/2023 of Vallikkunna, police station, Alappuzha, for having committed offences punishable under Sections 294(b), 323, and 324 r/w 308 of the Indian Penal Code.

The prosecution case is that, owing to the personal grudge towards the defacto complainant as the defacto complainant questioned wrongful parking of the scooter of the accused person on 10.10.2023 at about 6.00 p.m, at the road near the house of the accused person, the accused person pushed the defacto complainant by uttering abusive language and hit the defacto complainant on the right side of his forehead by using an iron pipe causing an injury to the defacto complainant on his forehead. Further, the accused person hit the defacto complainant on his shoulder, chest and upper back by using the same iron rod and thereby committed the alleged offences.

The learned counsel appearing for the petitioner would say that the petitioner is totally innocent and falsely implicated with ulterior motives. At any rate, he points out that the petitioner is in custody from 11.10.2023, and continued custody of the petitioner is unnecessary.

The learned Public Prosecutor opposed the petition.

After having considered the submissions of the learned counsel for the petitioner and learned Public Prosecutor, taking into account the allegations against the petitioner and considering the fact that the injuries allegedly inflicted are not serious in nature, that he has been in custody since 11.10.2023 and since there is no apprehension raised by the prosecution that if 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 a bond for Rs.50000/- (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 as and when directed;

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

(iv) The petitioner shall not leave the Country without the prior permission of the Court concerned.

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

(vi) If any of the conditions are violated, the court concerned will be empowered to take steps for cancellation of bail as per law;