Rashid Khan vs State Of Kerala

Viju Abraham, J

This is an application for regular bail.

Petitioner is the 2nd accused in Crime No.203 of 2021 of Ayiroor Police Station, Varkala registered alleging commission of offences punishable under Sections 497, 294(b), 341, 323, 324, 392 and 427 r/w 34 of IPC.

The prosecution allegation is that on 12.2.2021 at about 5 pm, the accused trespassed into the resort compound situated near Kappil, where the defacto complainant is working and attacked the defacto complainant and his friend and robbed them to their valuables and damaged the property. It is alleged that the accused, by using the stalk of a coconut leaf and a reaper beat Nissamudheen, who is the friend of the defacto complainant, on his back and when the defacto complainant intervened, beat him on his back, chest, hand and head. When the defacto complainant fell down, the accused again beat him on various parts of his body using a reaper and stalk of a coconut leaf and when he tried to run away, the accused wrongfully restrained him and robbed him of his mobile phone worth Rs.15,000/- and Rs.2,000/- kept in his pocket. Thereafter, the accused also broke and damaged the glass panes of the resort causing a loss.

Petitioner submits that he was arrested on 27.5.2022 and he has been falsely implicated in the above said crime and he has no other criminal antecedents.

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

Learned Public Prosecutor upon instructions submitted that petitioner was involved in the alleged offence, but he has no other criminal antecedents.

Considering the fact and circumstances of the case and the nature of the allegation, and that the petitioner is in custody from 27.5.2022 onwards, I am inclined to grant bail to the petitioner and it is ordered that the petitioner shall be released on bail on the following stringent conditions:

(i) 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;

(ii) Petitioner shall appear before the investigating officer in Crime No.203 of 2021 of Ayiroor Police Station, on every Saturday at 11 am for two months or filing of final report, whichever is earlier;

(iii) The petitioner shall not attempt to interfere with the investigation or to influence any witness in Crime No. 203 of 2021 of Ayiroor Police Station;

(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. 203 of 2021 of Ayiroor Police Station may file an application before the jurisdictional court, for cancellation of bail.