Rashid N.V vs State Of Kerala

Mohammed Nias C.P., J

This application is filed under Section 439 of the Code of Criminal Procedure seeking regular bail. The petitioners are accused Nos. 1 & 2 in Crime No. 466/2023 of Vellayil Police Station, Kozhikode, for having committed offences punishable under Sections 341, 323, 324, 326 r/w 34 of the IPC.

The prosecution case is that, on 14.8.2023 at 4.30 P.M., the accused persons wrongfully restrained the defacto complainant inside the Civil Supplies Godown at Puthiyakadavu, Kasaba Amsom and beaten him with a stick, kicked on his chest and thereby caused fracture to the left leg and ribs. Thus, the petitioners herein are alleged to have committed the offences mentioned above.

The learned counsel appearing for the petitioners would submit that the petitioners are totally innocent and have been falsely implicated with ulterior motives. At any rate, he points out that the petitioners are in custody since 8.10.2023, and the continued custody of the petitioners is unnecessary.

The learned Public Prosecutor opposed the petition and points out that the petitioners are not entitled to get bail.

After having considered the submissions of the learned counsel for the petitioners and the learned Public Prosecutor and considering the fact that there are cases registered against the defacto complainant on the complaint of the wife of the first accused and that the petitioners have been detained since 8.10.2023 and also, since there is no apprehension raised by the prosecution that if released on bail the petitioners are likely to abscond, I hold that bail can be granted to the petitioners. It is also to be noted that no other criminal antecedents have been reported against the petitioners.

Accordingly, this application is allowed, and the petitioners are granted bail subject to the following conditions:-

i. The petitioners shall be released on bail on executing separate bonds for Rs.50,000/- (Rupees Fifty Thousand only), each with two solvent sureties each for the like sum to the satisfaction of the jurisdictional court;

ii. The petitioners shall report before the Investigating Officer as and when required to do so.

iii.The petitioners shall not tamper or attempt to tamper with the evidence or influence or try to influence the witnesses.

iv.The petitioners shall not be involved in any other crime while on bail.

If any of the conditions are violated, the jurisdictional court concerned shall be empowered to take steps for cancellation of bail, as per law.