Jagal vs State Of Kerala

Ziyad Rahman A.A., J

This is an application for Regular Bail filed under Section 439 Cr.P.C.

The petitioner is the 1st accused in Crime No.448 of 2021 of Udayamperoor Police Station. The offences alleged against him are punishable under Sections 308, 324 and 435 read with Section 34 of IPC.

The prosecution case is that the 1st accused who was in inimical terms with the de facto complainant, along with two other accused persons assaulted the de facto complainant on 02.07.2021 at 4 p.m with iron rod, iron stick and a chopper. The petitioner is in judicial custody since 11.10.2021.

Heard the learned counsel for the petitioner and the learned Public Prosecutor.

The learned counsel for the petitioner contends that the petitioner is innocent of all the allegations and the petitioner was falsely implicated. It is pointed out that, no serious injuries were sustained to the de facto complainant, as well. It is also stated that final report has already been filed and no purpose would be served by retaining him under incarceration. On the other hand, the learned Public Prosecutor seriously opposes the same as he is also involved in some other cases and if he is released on bail, he is likely to threaten the witnesses.

It is true that serious allegations are raised against the petitioner herein. It is also reported that he is also involved in other cases. However, it is a fact that he is in custody since 11.10.2021 onwards and final report has already been filed, after completing the investigation. Therefore, no purpose would be served by keeping the petitioner under incarceration any longer. The apprehension voiced by the Learned Public Prosecutor, can be addressed by imposing appropriate conditions. In such circumstances, I am of the view that he can be released on bail subject to stringent conditions.

This bail application is allowed with the following conditions:

(i) The petitioner shall be released on bail on executing a bond for Rs. 1,00,000/- (Rupees One lakh only) with two solvent sureties for the like sum each to the satisfaction of the jurisdictional Magistrate.

(iii) The petitioner shall appear before the Investigating Officer as and when required by him.

(iv) The petitioner shall not commit any offence of like nature while on bail.

(v) The petitioner shall not make any attempt to contact any of the prosecution witnesses, directly or through any other person, or any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation.

(vi) The petitioner shall not leave State of Kerala without the permission of the trial Court.