Rahul @ Ampadi vs State Of Kerala

Viju Abraham, J

This is an application for regular bail.

The petitioner is the 1st accused in Crime No. 1073/2022 of Karunagappally Police Station, Kollam District, alleging commission of offences punishable under Sections 323, 324, 506(ii), 294(b), 308 r/w Section 34 of IPC.

The prosecution allegation is that on 01/08/2022 at 11.30 P.M, near Vijaya Bar, Karunagappally, the accused persons in furtherance of their common intention attacked the defacto complainant due to previous enimity and uttered obscene words. It is further alleged that the 1st accused raised life threat on the defacto complainant by showing a knife and beat him on his back and kicked him and tried to stab him and he evaded the same, otherwise that would have caused his death. It is also alleged that the 2nd accused captured the same in his mobile and thereby the accused has committed the aforesaid offences.

Heard the learned counsel for the petitioner and the learned Public Prosecutor.

The learned counsel for the petitioner submitted that the petitioner has been falsely implicated in the aforesaid crime and the alleged incident occurred on 01.08.2022, but the FIR is registered only on 05.08.2022. The learned counsel further submitted that the petitioner had moved an application for bail before the Judicial First Class Magistrate Court, Karunagapally and the same was dismissed as per Annexure-A1 order and further submitted that the petitioner was arrested on 06.08.2022 and he is in custody since then.

The learned Public Prosecutor seriously opposed the application for bail mainly contending that the defacto complainant has sustained serious injuries in the alleged incident and further that the petitioner is involved in seven other criminal cases and KAAPA proceedings were initiated against him.

Considering the facts and circumstances of the case and the nature of the allegations and considering the fact that the petitioner is in custody from 06.08.2022 onwards, I am inclined to grant bail to the petitioner subject to stringent conditions. In the result, the bail application is allowed. It is directed that the petitioner shall be released on bail, subject to the following conditions:

(i) The petitioner shall execute a bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like-sum to the satisfaction of the jurisdictional court;

(ii) Petitioner shall appear before the investigating officer in Crime No. 1073/2022 of Karunagappally Police Station, Kollam District, on every Wednesday and Saturday at 11 am, until filing of final report;

(iii)  The petitioner shall  not attempt  to interfere with the investigation or to influence or intimidate the defacto complainant or any witness in Crime No. 1073/2022 of Karunagappally Police Station, Kollam District,

(iv) The petitioner shall not involve in any other crime while on bail.

If any of the aforesaid conditions are violated, the investigating officer in Crime No. 1073/2022 of Karunagappally Police Station, Kollam District, may file an application before the jurisdictional court, for cancellation of bail.