Jishnu Vijayan vs State Of Kerala And Ors

Application for regular bail under Section 439 of Cr.P.C. The applicant is the first accused in Crime No.80/2021 of Chavara Police Station, Kollam

for having allegedly committed offences punishable under Sections 294(b), 341, 323, 324, 326 r/w Section 34 of IPC.

The prosecution case, in brief, is that on 01.02.2021 at about 3.30 p.m., while the de facto complainant and his friend were participating in a party

near Meenamthotti Temple, the applicant in furtherance of common intention with the other co-accused wrongfully restrained the de facto

complainant, hurled abuses at him and thereafter assaulted him and his friend by means of dangerous weapons like iron rod and chopper and caused

grievous injuries to both the de facto complainant and his friend. The de facto complainant's friend sustained fracture of his hand while the de facto

complainant sustained dislocation of his hand and thus the applicant committed the offence. 3. The applicant states that he is innocent and the

allegations are not true. He was arrested on 03.02.2021 and has been in custody since then. The recovery of the weapon is already over and the

applicant has no criminal antecedents and therefore he may not be detained further and seeks regular bail.

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

The learned Public Prosecutor admits that the applicant has no criminal antecedent. He has been in custody since 03.02.2021 and the recovery of

the weapon that he was alleged used was already over and therefore further detention does not seem to be necessary. The Bail Application is allowed

and the applicant is directed to be released on bail on execution of bond for Rs.50,000/-(Rupees fifty thousand only) with two solvent sureties, each for

the like amount to the satisfaction of the jurisdictional court and on following conditions:-

(i) He shall not get involved in similar cases during the currency of the bail.

(ii) He shall appear before the investigating officer as and when called for.

(iii) He shall not tamper with evidence, intimidate or influence the witnesses .

In case of violation of the bail conditions, the prosecution is at liberty to move for cancellation of the bail before the jurisdictional court.