Rafeeq @ Nattu vs State Of Kerala

Mohammed Nias C.P., J.

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

The petitioner is the 1st accused in Crime No.1688/2023 of Varkala Police Station, Thiruvananthapuram District, for having allegedly committed offences punishable under Sections 294(b), 323, 341, 324, 326 read with Section 34 of the Indian Penal Code.

The prosecution case is that, on 2.9.2023 at about 7 PM, while the defacto complainant and his brother-in-law were travelling in a scooter and when they reached near Chumaduthangi Junction, the accused, two in number, came there and the 1st accused after uttering ugly words, pushed down the defacto complainant and fisted him on his lips, causing an injury. When the defacto complainant’s brother-in-law intervened, the 2nd accused restrained him and the 1st accused, by using a beer bottle, hit the defacto complainant on his head, causing a deep injury and a fracture to that part and thereby committed the 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 has been in custody since 04/09/2023, and continued custody of the petitioner is unnecessary.

The learned public prosecutor opposed the petition and points out that the petitioner is not entitled to bail.

After having considered the submissions of the learned counsel for the petitioner and learned Public Prosecutor and taking into account the fact that the petitioner has been in custody since 04/09/2023, that major part of the investigation is over and also since 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:-

(i) 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;

(ii) The petitioner shall report before the Investigating Officer as and when directed.

(iii) The petitioner shall not tamper or attempt to tamper with the evidence or influence or try to influence the witnesses.

(iv) The petitioner shall not be involved in any other crime while on bail or leave India without the prior permission of the Court concerned.

If any of the conditions are violated, the court concerned will be empowered to take steps for cancellation of bail as per law;