Miljo vs State Of Kerala

Viju Abraham, J

This is an application for regular bail.

The petitioner is arrayed as accused No.1 in Crime No. 720/2022 of Aloor Police Station alleging commission of offences punishable under Sections 367, 341, 324, 325, 506 r/w section 34 of IPC.

The prosecution case is that the accused attacked the defacto complainant/2nd respondent and inflicted injuries on his nose (nasal septum fracture), rupture to ear drum and thereby the accused has committed the aforesaid offences.

Heard the learned counsel for the petitioner, learned counsel for the defacto complainant and the learned Public Prosecutor.

The learned counsel for the petitioner submitted that he has been falsely implicated in the aforesaid crime and was arrested on 14.12.2022 and is in custody since then and further that all the issues have been settled with the defacto complainant and he produced Annexure-2 affidavit to substantiate the same.

Adv.Sri Vishnuprasad Nair, appearing for the defacto complainant, who is the second respondent in the bail application also submitted that all the issues have been amicably settled.

The learned Public Prosecutor seriously opposed the application for bail mainly contending that the petitioner had attacked the defacto complainant/2nd respondent and inflicted injuries and further submitted that he is involved in six other cases.

Considering the facts and circumstances of the case and the nature of the allegations and considering the fact that the petitioner is in custody from 14.12.2022 onwards, I am inclined to grant bail to the petitioner but taking into consideration the seriousness of the allegation the same shall only be 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 a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like-sum to the satisfaction of the jurisdictional court;

(ii) Petitioner shall appear before the investigating officer in Crime No. 720/2022 of Aloor Police Station on every Saturday at 11 am, for a period of six months,

(iii) The petitioner shall not attempt to interfere with the investigation or to influence or intimidate the defacto complainant or any witness in Crime No. 720/2022 of Aloor Police Station,

(iv) The petitioner shall not leave the State of Kerala without obtaining prior permission from the jurisdictional court,

(v) The petitioner shall not involve in any other crime while on bail.

If any of the aforesaid conditions are violated, the investigating officer in Crime No. 720/2022 of Aloor Police Station may file an application before the jurisdictional court, for cancellation of bail.