Noorudheen.T vs State Of Kerala

Shircy V, J

Application for regular bail.

The petitioner who is the first accused in Crime No.584 of 2021 of the Chandera Police Station, Kasargod registered for the offences punishable under Sections 341, 326 and 506 r/w Section 34 of the Indian Penal Code, has moved this application for his release on bail.

The prosecution allegation is that on 18.08.2021 at about 01.30 pm this petitioner along with the other accused has gone to the house of the defacto complainant and beaten him with an iron pipe on his forehead and caused injuries including nasal bone fracture. He has also threatened the defacto complainant with dire consequences and thereby, committed the aforesaid offences.

The petitioner has been in custody since 11.09.2021.

Heard the learned counsel for the petitioner as well the learned Public Prosecutor.

The learned counsel for the petitioner would submit that he has not committed any offence as alleged by the prosecution. He is totally innocent. On the relevant day, actually he has gone to visit his father, who was residing with the defacto complainant. His father is an old man aged 95 years. But the defacto complainant has not permitted him to enter into the house to see his father and thus there arose a scuffle between them. During the scuffle, the defacto complainant fell down and sustained some minor injuries. This petitioner has also sustained injuries but he never had the intention to cause injuries to the defacto complainant, his brother as alleged by the prosecution. Still he is undergoing incarceration from the date of his arrest.

The learned Public Prosecutor has submitted that the petitioner has no criminal antecedents and now the investigation of the case has progressed considerably.

The wound certificate of this petitioner has been produced along with this bail application, which would show that he has also sustained some injuries but the all the injuries are minor in nature. On the other hand, the defacto complainant has sustained nasal bone fracture in the alleged attack by this petitioner. But there is no material to show that the petitioner was having any weapon at the time of occurrence.

Having regard to the nature of accusation levelled against this petitioner, the present stage of investigation, the period of detention undergone by him in judicial custody, as well the other facts and circumstances involved in this case, I am inclined to release him on bail subject to the following conditions :-

(i) The petitioner shall be released on bail on executing a bond for a sum of Rs.50,000/-(Rupees fifty thousand only)with two solvent sureties for the like sum each to the satisfaction of the court having jurisdiction.

(ii) He shall appear before the Investigating Officer for interrogation as and when required by him, in writing.

(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 learned Magistrate/Judge is empowered to cancel the bail in accordance with the law.