Raveendra Kurup 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 accused in Crime No.633/2023 of Venmony police station, Alappuzha, for having committed offences punishable under Sections 294(b), 341, 506(ii), 323, 324, 326 r/w 34 of the Indian Penal Code.

The prosecution case is that due to animosity between the accused and the complainant's brothers, on 08.10.2023 at 04:45 P.M. near Puthudethu Kadavu, with the intention of causing grievous bodily harm to the complainant, the accused No.1 beat the complainant's face with an iron rod and then kicked him in the water. At that time, the second accused held the complainant down and beat him on the head and body with a stick, and both accused threatened to kill him and hit him with their hand, causing a fracture on his nose and also caused swelling on the left side of the head and left nose of the defacto complainant. Thus, the accused are said to have committed the aforesaid offences.

The learned counsel appearing for the petitioner would say that the petitioner is totally innocent and falsely implicated with ulterior motives. At any rate, he points out that the petitioner surrendered on 07.11.2023, and continued custody of the petitioner is unnecessary.

The learned Public Prosecutor opposed the petition.

After having considered the submissions of the learned counsel for the petitioner and learned Public Prosecutor and considering the fact that the petitioner surrendered on 07.11.2023, that the recovery has already been effected and that the investigation has progressed, and no other antecedents are reported against the petitioner since 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 each 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 or leave the Country without the prior permission of the Court concerned.

(v) If any of the conditions are violated, the court concerned will be empowered to take steps for cancellation of bail as per law;