Pranav V.V. @ Pranavdas K.V vs State Of Kerala

Mohammed Nias C.P., J

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

The petitioner is the accused in Crime No.1283/2023 of Hosdurg Police Station, Kasargode district, for having committed offences punishable under Sections 341, 324, 294(b), 506 and 308 of the Indian Penal Code.

The prosecution case is that at 13.30 hours on 27.08.2023, at Kotrachal in Kanhangad Village, the accused wrongfully restrained the first informant, threatened him, hurled verbal abuses at him and attempted to beat him on his head using a beer bottle. The de facto complainant evaded the same consequent to which he sustained injuries on his right hand, thereby committed the above offence.

The learned counsel appearing for the petitioner would say that the petitioner is innocent and falsely implicated with ulterior motives. At any rate, he points out that the petitioner is in custody from 28/08/2023, and continued custody of the petitioner is unnecessary.

The learned Public Prosecutor opposed the petition.

After having considered the submissions of the learned counsel for the petitioner and the learned Public Prosecutor, the accusations against the petitioner and the nature of injuries, and the fact that he has been in custody since 28/08/2023, though there are antecedents against the petitioner, there is no apprehension raised by the prosecution that if released on bail, the petitioner is likely to abscond, I hold that bail can be granted to the petitioner.

Accordingly, this application is allowed, and the petitioner is granted bail subject to the following conditions:-

The petitioner shall be released on bail on 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 jurisdictional court;

He shall appear before the Investigating Officer on all Saturdays between 9 a.m. and 11 a.m. for three months or as and when directed to appear.

He shall not intimidate or attempt to influence the witnesses, nor shall he tamper with the evidence or do anything that might adversely affect the trial;

He shall not commit any offence while on bail;

He shall not leave the State of Kerala without the permission of the Court having jurisdiction;

The petitioner shall surrender his passport, if any, within seven days from the date of his release before the Court concerned, and if the release of the passport is required at a later period, the petitioner shall be at liberty to move an appropriate application for the same before the court having jurisdiction. If he has no passport, he shall file an affidavit to that effect before the court concerned on the date of execution of the bond or within three days thereafter.

He shall furnish his present address along with his mobile number to the Court concerned as well as to the investigating officer.

In  case  of  violation  of  any  of  the  above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation of bail and pass appropriate orders in accordance with law.