Prathyush vs State Of Kerala

The applicant herein was made accused in two Crimes of Anthikad Police Station, namely, 1186/2020 for which B.A.No.7917/2020 has been filed

and the other Crime No.1187/2020 for which B.A. No.7931/2020 has been filed by him. The Crime No.1186/2020 is for offences allegedly committed

under Sections 341, 323, 324, 363 and 308 r/w Section 34 of IPC.

The prosecution case, in brief, is that on 29.09.2020 at about 6.15 p.m, the applicant had in furtherance of common intention with the other accused

wrongfully restrained the de facto complainant assaulted him with dangerous weapons like sword, sticks, chopper, iron rods etc and caused injuries to

him. He was also hurled with abuses.

The applicant contends that he is innocent and the allegations are not true. He had allegedly fallen in love with a daughter of a police officer and got

married to her and that had blocked the police officers and registered two crimes against him. The incident pertaining to Crime No. 1186/2020 was

alleged to have occurred on 6.15 p.m. while the offence pertaining to Crime No.1187/2020 occurred at 11 p.m. and too for offences punishable under

Section 341, 323, 324, 294(b) 506, 363, 308 r/w Section 34 of IPC. The applicant submits that he has no other criminal antecedents. He was applied

for an anticipatory bail in Crime No.1186/2020 and the same was disposed of by this Court directing him to surrender before the investigating officer.

Accordingly, he surrendered on 03.11.2020 and has been in judicial custody since then. He seeks regular bail stating that there is nothing more to be

recovered from him and he has no other criminal antecedents.

Heard the learned counsel for the applicant and the learned Public Prosecutor in both the cases.

It is admitted that the applicant has no other criminal antecedents apart from these two crimes. Recovery is complete and there is no purpose

served by further incarceration of the applicant. The injuries sustained are not life-threatening. Hence, the applications are allowed and the applicant is

directed to be released on bail on the execution of bonds for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties, for the like amount

each in each of the cases to the satisfaction of the jurisdictional court and on following conditions:-

(i) He shall appear before the investigating officer on all Saturdays between 9 a.m. and 12 noon for a period of two months or till the filing of the final

report, whichever is earlier.

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

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

In case of violation of any bail condition, the prosecution is at liberty to apply for cancellation of the bail before the jurisdictional court.