Naveen vs State Of Kerala

Bechu Kurian Thomas, J

This is an application for regular bail filed under Section 439 of Code of Criminal Procedure, 1973.

Petitioner is the accused in Crime No.522 of 2023 of Koratty Police Station, Thrissur District. The offences alleged against the petitioner are punishable under Sections 323, 341, 447 and 308 of the Indian Penal Code,1860.

According to the prosecution, on 25.05.2023 the accused trespassed into the house of the defacto complainant and assaulted him with a spade, inflicting serious injuries and thereby committed by the offences alleged.

I have heard Sri. S.Rajeev, the learned counsel for the petitioner as well as Smt.Sreeja V, learned Public Prosecutor.

The petitioner was arrested on 28.05.2023, the injuries sustained by the defacto complainant are not grievous though they are serious.

Considering the period of detention already undergone, I am of the view that the petitioner can released on bail.

In view of the above, this application is allowed on the following conditions:-

(a) Petitioner shall be released on bail on him 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.

(b) Petitioner shall appear before the Investigating Officer as and when required.

(c) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence.

(d) Petitioner shall not commit any similar offences while he is on bail.

(e) Petitioner shall not leave India without the permission of the 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, notwithstanding the bail having been granted by this Court.