Ratheesh 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 petitioner is the 5th accused in Crime No.519/2023 of Kurathikadu Police Station, registered for having committed offences punishable under Sections 294(b), 323, 324, 341 & 395 of the Indian Penal Code.

The prosecution case is that, on 21.8.2023 at 10.30 P.M., accused Nos. 1 to 5 reached near the west side of the defacto complainant's house on two bikes. The 1st accused caught hold of the defacto complainant and wrongfully restrained him. He also uttered obscene words. The 2nd and 3rd accused slapped and beat the defacto complainant. The 4th accused caused a cut wound in the leg of the defacto complainant with a knife. The 5th accused snatched a chain weighing 1.5 sovereigns and a mobile phone. Hence, the accused is alleged to have committed the offences mentioned above.

The learned counsel appearing for the petitioner would submit that the petitioner is totally innocent and has been falsely implicated with ulterior motives. At any rate, he points out that the petitioner is in custody from 26.8.2023, and the continued custody of the petitioner is unnecessary.

The learned Public Prosecutor opposed the petition and pointed out that the petitioner is not entitled to bail.

After having considered the submissions of the learned counsel for the petitioner and the learned Public Prosecutor and taking into account the fact that the petitioner has been in custody since 26.8.2023 and also since no other criminal antecedents have been reported against the petitioner and that, there is no apprehension raised by the prosecution that if released on bail, the petitioner is likely to abscond, I hold that bail can be granted to the petitioner. Accordingly, this application is allowed, and the petitioner is granted bail, subject to the following conditions:-

i. The petitioner shall be released on bail on executing a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties for the like sum to the satisfaction of the jurisdictional court;

ii. The petitioner shall report before the Investigating Officer as and when directed.

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

iv.The petitioner 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.