Roshy Augustine @Unni vs State Of Kerala

Viju Abraham, J

This is an application for regular bail.

The petitioner is arrayed as the sole accused in Crime No. 329 of 2022 of Rajakkadu Police Station, Idukki registered alleging commission of offences punishable under Sections 307and 324 of Indian Penal Code.

The prosecution allegation is that on 16-04-2022 at about 10 O’clock in the night, petitioner attacked one Kumaresan who is the friend of the de-facto complainant and inflicted injuries on his left ear and both hands with a knife and also injured his friend one Lakshmanan who tried to prevent the attack causing grievous hurt to them and thereby committed the offences as alleged in the F.I.R. The case was registered upon the statement of the de-facto complainant at Rajakkadu Police Station. Crime was initially registered only under Section 324 IPC and subsequently Section 307 IPC was incorporated.

Learned counsel for the petitioner submitted that the petitioner is falsely implicated in abovesaid crime and he has no involvement as alleged. It is also submitted that the petitioner was arrested on 20.04.2022 and is in custody since then.

Learned Public Prosecutor opposed the application for bail mainly contending that the defacto complainant and his friend sustained serious injuries in the alleged incident and further that the petitioner is involved in other criminal proceedings and KAAPA proceeding is also initiated against him.

Considering the fact that the petitioner is in custody from 20.04.2022 onwards, I am inclined to grant bail to the petitioner. But considering the submission made by the learned Public Prosecutor that he is involved in other crimes, petitioner can be released only on stringent conditions. In the result, the bail application is allowed. It is directed that the petitioner shall be released on bail, subject to the following conditions:

(i) The petitioner shall execute a bond for Rs.50,000/-(Rupees fifty thousand only) with two solvent sureties each for the likesum to the satisfaction of the jurisdictional court.

(ii) He shall appear before the investigating officer in Crime No. 329 of 2022 of Rajakkadu Police Station, Idukki on every Saturday at 11.00 am till completion of trial.

(iii) He shall not enter the jurisdictional limit of Rajakkadu Police Station, Idukki till completion of trial except for complying with condition No.(ii) or to attend any court proceedings.

(iii) He shall not attempt to interfere with the investigation or to influence any witness in the abovesaid crime.

(iv) He shall not involve in any other crime while on bail.

(v) Petitioner shall promptly comply with the directives contained in the order dated 18.03.2022 issued by the KAAPA authority.

If any of the aforesaid conditions are violated, the investigating officer in the abovesaid crime may file an application before the jurisdictional court, for cancellation of bail.