Rahul Shaji vs State Of Kerala

This is an application filed under Section 439 Cr.PC seeking regular bail.

The applicant is the second accused in Crime No.1581/2019 of Harippad Police Station for having allegedly committed offences punishable under

Sections 143, 144, 147, 148, 341, 342, 363 and 324 read with Section 149 IPC. Subsequently, offence punishable under Section 365 IPC was also

incorporated.

The prosecution case, in brief, is that on 29.09.2019 at about 9 p.m., while the de facto complainant was coming on his motor cycle, the applicant

and the first accused came on another bike and obstructed him. He was thereafter taken to a coconut fiber shed and the other accused also joined

them and he was beaten brutally with an iron pipe and coconut fond. The first accused is the person who had attacked him with the iron pipe and the

others were wielding coconut funds and had assaulted with their hands. The applicant also beat him with coconut fond. No grievous hurt has been

caused to the de facto complainant. The applicant was arrested on 10.11.2020. It is stated that he had moved this Court for anticipatory bail, which

was allowed by this Court, but he was absconding and surrendered only on 10.11.2020 and remanded to judicial custody. The applicant states that he

has no criminal antecedents and is willing to abide by any condition and seeks bail.

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

The learned Public Prosecutor points out that the applicant is a member of a gang led by the first accused, who has several criminal cases

registered against him and also proceedings under the KAAPA was initiated against him. Being a member of that gang, the applicant had also actively

taken part in kidnapping and assaulting the de facto complainant. Under the circumstances, it is submitted that the applicant may not be granted bail at

this stage.

After having heard the submissions made by both sides, I find that the applicant has already been subjected to interrogation and has been detained

since 10.11.2020. He has no criminal antecedents. The only allegation against him is that he had kidnapped the de facto complainant and assaulted him

with coconut fond. No dangerous weapon other than coconut fond was used by the applicant to assault the de facto complainant. No grievous injury

has also been caused. Under the circumstances, I find that the applicant is entitled to be released on bail.

In the result, the Bail Application is allowed and the applicant is directed to be released on bail on execution of a bond for Rs.50,000/- (Rupees fifty

thousand only) with two solvent sureties, each for the like amount to the satisfaction of the jurisdictional court and on the following conditions:

(i) He shall appear before the investigating officer as and when called for and cooperate with the investigation.

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

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

In case of breach of any of the bail conditions, the prosecution shall be at liberty to apply for cancellation of the bail.