Pradeep vs State Of Kerala

Application for regular bail. The petitioner is the accused in Crime No.35/2021 of Paravur Police Station, Kollam District registered for the offences

punishable under Sections 294(b), 341, 323, 324, 354(A) and 308 of the Indian Penal Code.

The petitioner has been in custody since 06.02.2021.

The prosecution allegation is as follows:

On 15.01.2021 at about 9 p.m this petitioner has wrongfully restrained the defacto complainant and abused her in filthy language and beaten her with

an iron rod on her head which was somehow evaded by her. Had it been otherwise it would have caused her death. Thereby the petitioner has

committed the aforesaid offences.

According to the learned counsel for the petitioner, the defacto complainant is a lady who used to stole articles from the workshop run by this

petitioner. When it was detected by him, she raised this false allegation against him. Moreover, the mahazar prepared by the Investigating Agency on

the very next day of the alleged incident would show the presence of the defacto complainant at the spot. That itself shows that she has not sustained

any serious injuries as alleged by the prosecution. Recovery of the alleged weapon has also been effected by the Investigating Agency. Hence, this

application for his release on bail.

The learned Public Prosecutor would submit that the investigation of the case is well in progress.

Having regard to the nature of the accusations levelled against this petitioner, the fact that he is having no criminal antecedents and the present

stage of the investigation 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 his 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) The petitioner 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 is empowered to cancel the bail in accordance with the law.