Renju E.S vs State Of Kerala

Shircy V, J

Application for regular bail filed by this petitioner in Crime No.1192 of 2021 of Mannarcad Police Station registered for the offences punishable under Sections 294(b), 323 and 326 of the India Penal Code.

The prosecution allegation is that on 30.09.2021 at about 8.00 p.m this petitioner due to his enemity towards the defacto complainant hurled abuses towards him and hit him with a steel bangle and caused fracture to his facial bone and thereby committed the aforesaid offences.

The petitioner has been in custody since 30.10.2021.

Heard the learned counsel for the petitioner as well the learned Public Prosecutor.

According to the learned counsel for the petitioner he has been falsely implicated in the case and hence, this application.

The learned Public Prosecutor on instructions submit that now the investigation of the case is over and charge sheet has been submitted before the jurisdictional court. It is also submitted that this petitioner is not having any criminal antecedents.

Considering all these facts, I think that this petition can be allowed subject to the following conditions:

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

(ii) The petitioner shall appear before the Investigating Officer for interrogation as and when required by him, in writing, till filing of the final report.

(iii) The petitioner shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence.

(iv) The petitioner shall not commit any offence while on bail.

In case of violation of any of the above conditions, the jurisdictional court is at liberty to cancel the bail in accordance with the law.