Rahul Raj vs State Of Kerala

Bechu Kurian Thomas, J

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

Petitioner is the 1st accused in Crime No.238/2022 of Venmany Police Station. The offences alleged against the petitioner are under sections 143, 146, 148, 447, 323, 326, 506(ii) r/w Section 149 of the Indian Penal Code. 1860 apart from Section 27 of Arms Act, 1959..

According to the prosecution, on 15.05.2022 the accused formed themselves into an unlawful assembly and the 1st accused attacked the defacto complainant with an iron rod causing fracture of the facial bone and loosening of one tooth. Thereafter, when the defacto complainant intervened, she was also assaulted and thereby the accused committed the offences.

Sri.Anil Kumar, learned Counsel for the petitioner contended that the entire prosecution allegations are false and the incident as alleged had never occurred. It was further submitted that the petitioner was arrested on 27.09.2022 and has been in custody since then and since the investigation is almost on the verge of completion, no purpose would be achieved by continuing the detention.

Smt.M.K.Pushpalatha, learned Public Prosecutor on the other hand opposed the grant of bail and contended that the allegations are serious in nature.

Taking note of the detention of the petitioner from 27.09.2022, and considering the entire circumstances, I am of the view that the petitioner can be released on bail on conditions.

In the result, this application is allowed on the following conditions:-

(a) Petitioner shall be released on bail on him executing bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction.

(b) Petitioner shall appear before the Investigating Officer as and when required.

(c) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence or contact the defacto complainant or her family members.

(e) Petitioner shall not commit any similar offences while he is on bail.

(f) Petitioner shall not leave India without the permission of the Court having jurisdiction.

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