Peerumuhammed vs State Of Kerala

The applicant is the sole accused in Crime No.2830 of 2020 of Balaramapuram Police Station, Thiruvananthapuram, for having allegedly committed

offences punishable under Sections 341, 294(b), 324 and 308 of the IPC. The prosecution case, in brief, is this:

On 15.11.2020, the applicant, wrongfully restrained the defacto complainant at Maniyanchira Thoppu in Balaramapuram and hurled abuses at him

and thereafter assaulted him by means of a dangerous weapon like a wooden reaper on his head, causing lacerated injuries on the scalp and a fracture

of the frontal bone. The applicant was arrested on 16.11.2020 and remanded to judicial custody. He has been in custody since then. He seeks regular

bail on the ground that he has no criminal antecedents and that his custodial interrogation is already over.

Heard the learned counsel appearing for the applicant and the learned Public Prosecutor. Considering the submissions made, I find that the

recovery of the weapon is already over and further incarceration of the applicant may not be necessary, particularly, in view of the fact that he has no

other criminal antecedents.

In the result, the application is allowed and the applicant is directed to be released on bail on the execution of a bond for Rs.50,000/-(Rupees Fifty

thousand only), with two solvent sureties, each for the like amount to the satisfaction of the jurisdictional court and on following further conditions:

(i) He shall appear before the Investigating Officer as and when called for.

(ii) He shall not intimidate or influence witnesses and tamper with evidence.

(iii) He shall not get involved in similar offences during the currency of the bail period.

In case of breach of any of the bail conditions, the prosecution shall be at liberty to apply for cancellation of the bail before the jurisdictional court.

The bail application is allowed.