Rajeev vs State Of Kerala

Gopinath P, J

This is an application for regular bail.

The petitioner is the 1st accused in Crime No. 785 of 2021 of Edathua Police Station, Alappuzha District, alleging commission of offences under Sections 294(B), 323, 324, 308 & 506 r/w Section 34 of the Indian Penal Code.

The allegation against the petitioner is that the petitioner along with the other accused in the case attacked the de facto complainant on 24.12.2021 and caused injuries on his neck using a sharp edged weapon. Allegedly, two friends of the de facto complainant were also injured owing to the attack by the petitioner and other accused.

The learned counsel for the petitioner would submit, with reference to Annexure A3 order of the Sessions Judge, Alappuzha, that accused Nos. 2, 3 & 4 have already been granted bail. It is submitted that the petitioner was arrested when his application for anticipatory bail was pending before this Court. It is further submitted that going by the contents of Annexure A3 order, the de facto complainant has suffered only minor injuries. It is also submitted, with reference to Annexure A3 order, that recovery has already been effected. It is further submitted that the petitioner has no criminal antecedents. It is submitted that the petitioner has been in custody from 19.02.2022 and that his continued detention is not necessary for the purpose of any investigation.

The learned Public Prosecutor points out the circumstances of the case appearing from the records. The wound certificates of the de facto complainant and others are pointed out to show the nature of injuries sustained by the de facto complainant and others. However, it is admitted that accused Nos. 2, 3 & 4 have already been released on bail and that the investigation has progressed substantially.

Having regard to the facts and circumstances of the case and taking into account of the nature of allegations against the petitioner, I am of the view that the petitioner can be granted bail, subject to conditions.

In the result, the bail application is allowed and it is directed that the petitioner shall be released on bail subject to the following conditions:

(a) The petitioner shall execute 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;

(b)Petitioner shall appear before the investigating officer in Crime No. 785 of 2021 of Edathua Police Station, Alappuzha District, whenever called upon to do so;

(c) The petitioner shall not attempt to interfere with the investigation or to influence or intimidate the de facto complainant or any witness in Crime No. 785 of 2021 of Edathua Police Station, Alappuzha District;

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

If any of the aforesaid conditions is violated, the investigating officer in Crime No. 785 of 2021 of Edathua Police Station, Alappuzha District, may file an application before the jurisdictional court for cancellation of bail.