John P.Varghese vs State Of Kerala

The above captioned application seeking regular bail is filed under Section 439 of the Code of Criminal Procedure (“Code†for short) by the

accused No.4 in Crime No.394/2021 of the Mavelikara Police Station registered under Sections 323, 324, 307 r/w Section 34 of the IPC.

The prosecution allegation is that between the intervening hours of 11 p.m. on 9.5.2021 and 7 a.m. on 10.5.2021, the accused Nos.1 to 5 in the

aforesaid crime in furtherance of their common intention are alleged to have attacked the son of the informant’s elder brother with weapons

causing serious injuries.

The learned counsel appearing for the applicant submitted that the applicant herein is innocent and was not even present at the scene of crime.

According to the learned counsel, the earliest records would show that it was the accused No.1 who was armed with a weapon and that it was the

said accused who had inflicted serious injuries. He would further contend that the injured had filed Annexure-1 affidavit before the learned Magistrate

that the applicant herein was not involved. Finally, it is submitted that the applicant herein was arrested on 11.05.2021 and he has been languishing in

custody since then.

The learned Public Prosecutor has opposed the prayer. It is submitted that injuries were inflicted by accused Nos.1 and 2 and the rest of the

accused are alleged to have fisted the injured. It is further submitted that the medical records would reveal that extensive injuries were sustained by

the victim. The weapon used for commission of the offence has been recovered, contends the learned Public Prosecutor.

I have considered the submissions advanced and have perused the materials which are made available. As is borne out from the records, it was the

accused No.1 who had inflicted the injuries. Prosecution has no case that the applicant had used any weapon or that he had inflicted any serious

injuries. Having considered all the relevant aspects, including the role assigned to the applicant, the period of detention undergone and attendant facts, I

am of the view that the applicant can now be released on bail on conditions.

In the result, this application will stand allowed, however, it shall be subject to the following conditions:

The applicant shall be released on bail on his executing a bond for Rs.50,000/-(Rupees Fifty thousand only) with two solvent sureties each for the like sum to the

satisfaction of the court having jurisdiction.

The applicant shall appear before the Investigating Officer between 9 a.m. and 11 a.m. on every Saturday for a period of two months or until the filing of the final

report whichever is earlier.

The applicant shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence.

He shall not commit any offence while on bail.

He shall not leave the State of Larker without the permission of Court having jurisdiction

In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and

pass appropriate orders in accordance with the law.