Manu M.S vs State Of Kerala

Shircy V., J

Application for regular bail filed by the 1st accused, who is undergoing incarceration since 20.11.2021 in connection with Crime No. 2601 of 2021 of Malayinkeezhu Police Station registered for the offences punishable under Sections 341, 323, 324, 326 and 506(i) of the Indian Penal Code.

The prosecution case in brief is as follows:

On 23.10.2021 at about 4.45 p.m. this petitioner along with the other accused, have wrongfully restrained the defacto complainant with the intention to attack him and hit on his face with an iron ring and caused fracture to his nasal bone and intimidated him with dire consequences, and thereby this petitioner along with the other accused have committed the aforesaid offences.

The learned counsel for the petitioner submits that the petitioner is totally innocent and he has also no criminal antecedents.

According to the learned Public Prosecutor, the weapon used by this petitioner to inflict injury on the defacto complainant has been recovered though the other accused persons are yet to be arrested. It is also reported that he has no criminal antecedents.

The injured is a young man. He sustained nasal bone fracture as he was hit with an iron ring. Recovery of the weapon has been effected and he has also been discharged from the hospital. This petitioner has no criminal antecedents and he is aged only 23 years. Though the other accused have not been arrested so far by the investigating agency, I do not find any material to infer that further detention of this petitioner is required by them to proceed with the investigation of the case. I am therefore, inclined to release him on bail.

Therefore, this application is allowed subject to the following conditions:

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

(ii) The petitioner shall appear before the Investigating Officer on the first Monday of every month between10.30 a.m. and 11.30 a.m. for a period of two months or till the filing of the final report, whichever is earlier.

(iii) The petitioner shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence.

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

In case of violation of any of the above conditions, the jurisdictional court is empowered to cancel the bail in accordance with the law.