Manu Chandradas vs State Of Kerala

Viju Abraham, J.

This is an application for regular bail.

The petitioner is the sole accused in Crime No.1629 of 2022 of the Chingavanam Police Station, Kottayam District registered alleging commission of offences punishable under Sections 294(b) and 308 of the Indian Penal Code.

The prosecution allegation is that on 12.08.2022 at about 8.30 p.m., in front of a petty shop situated at Kurichy Outpost, hurling obscene words towards the defacto complainant the petitioner had assaulted him using a metallic bar and consequently, the defacto complainant had sustained serious injuries to his skull. Thus the accused has committed the abovesaid offences.

Petitioner submits that he was arrested on 16.08.2022 and is in custody since then. Though the petitioner moved an application for bail before the Sessions Court, Kottayam, the same was rejected as per Annexure-3 order dated 15.09.2022. Even though the alleged incident was on 12.08.2022, the complaint was preferred only on 15.08.2022. There is an unexplained delay of more than three days in registering the FIR. Indian Penal Code.

Learned Public Prosecutor seriously opposed the bail application mainly contending that serious injury was sustained to the defacto complainant in the alleged incident and that the petitioner is involved in five other criminal cases.

Considering the facts and circumstances of the case and also the fact that petitioner is in custody from 16.08.2022 onwards, I am inclined to grant bail to the petitioner, but taking note of the antecedents of the petitioner the same shall be only on stringent conditions. 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.1629 of 2022 of the Chingavanam Police Station, Kottayam District on all Saturdays at 11.00 a.m. until completion of trial.

(iii) He shall not leave the State of Kerala without getting prior permission from the jurisdictional court.

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

(v) 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.1629 of 2022 of the Chingavanam Police Station, Kottayam District may file an application before the jurisdictional court, for cancellation of bail.