Nisamudheen vs State Of Kerala

Gopinath P., J

This is an application for regular bail.

The petitioner is the sole accused in Crime No. 84 of 2022 of Nattukal Police Station, Palakkad District, alleging commission of offences punishable under Sections 324, 308 & 506(ii) of the Indian Penal Code.

The allegation against the petitioner is that on 09.03.2022 at about 9.45 pm, the petitioner had attacked the de facto complainant with a soda bottle without any provocation and the de facto complainant sustained injuries owing to the said attack.

The learned counsel for the petitioner submits that the petitioner is absolutely innocent in the matter. It is submitted that there was a minor altercation between the petitioner and the de facto complainant on account of the fact that the de facto complainant's phone had fallen down while he was speaking on phone and walking on a public road, allegedly, on account of the petitioner hitting against the de facto complainant. It is submitted that the petitioner had no occasion to attack the de facto complainant as alleged. It is further submitted that the petitioner has no criminal antecedents. It is also submitted that the petitioner has been in custody for 26 days and that his continued detention is not necessary for the purpose of any investigation.

The learned Public Prosecutor vehemently opposes the grant of bail. The circumstances of the case are pointed out from records. It is submitted that though no criminal antecedents are reported against the petitioner, it is too early to release the petitioner on bail as the investigation is only progressing. It is pointed out that owing to the attack by the petitioner, the de facto complainant suffered injuries on his head and six stitches had to be put.

Having regard to the facts and circumstances of the case and being convinced that the further detention of the petitioner is not necessary for a proper investigation into the matter, I am inclined to grant bail to the petitioner, subject to conditions.

In the result, the bail application is allowed and it is directed that the petitioner shall be released on bail subject to the following conditions:

(a) The petitioner shall execute 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;

(b)Petitioner shall appear before the investigating officer in Crime No. 84 of 2022 of Nattukal Police Station, Palakkad District, whenever called upon to do so;

(c) The petitioner shall not attempt to interfere with the investigation or to influence or intimidate the de facto complainant or any witness in Crime No. 84 of 2022 of Nattukal Police Station, Palakkad District;

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

If any of the aforesaid conditions is violated, the investigating officer in Crime No. 84 of 2022 of Nattukal Police Station, Palakkad District, may file an application before the jurisdictional court for cancellation of bail.