Sajeevan vs State Of Kerala

Gopinath P., J

This is an application for regular bail.

The petitioner is the accused in Crime No.140 of 2022 of Kaipamangalam Police Station, Thrissur District, alleging commission of offences under Sections 452, 324 and 326 of the IPC.

The allegation against the petitioner is that owing to previous animosity with the de facto complainant, the petitioner assaulted the de facto complainant and caused injuries to him using an iron rod and thereby he committed the offences alleged against him.

The learned counsel for the petitioner submits that the petitioner is absolutely innocent in the matter. It is submitted that there was a scuffle between the petitioner and the de facto complainant owing to the fact that the de facto complainant had abused the sister of the petitioner. It is submitted that the de facto complainant was under the influence of alcohol and he had fallen down as a result of which he sustained some injuries. It is submitted that thereafter a false case has been registered against the petitioner. It is submitted that the petitioner has been in custody from 12.02.2022 and his continued detention is not necessary for the purpose of investigation.

The learned Public Prosecutor opposes the grant of bail. It is submitted that the petitioner has criminal antecedents. It is submitted that the petitioner is involved in Crime No.137/2019 and in Crime No.771/2019 and Crime No.871/2021 of Kaipamangalam Police Station. It is submitted that considering the nature of the injuries caused to the de facto complainant, the petitioner is accused of very serious offences and he is not entitled to be released on bail.

Having regard to the facts and circumstances of the case and considering the fact that the petitioner has been custody from 12.02.2022 (46 days), I am of the opinion that the petitioner can be granted bail subject to conditions especially taking into account the fact that his continued detention is not necessary for the purpose of investigation.

In the result, this bail application is allowed and it is directed that the petitioner shall be released on bail subject to the following conditions:

(1) The petitioner shall execute bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties for the like sum to the satisfaction of the Jurisdictional Court;

(2) Petitioner shall report before the investigating officer in Crime No.140 of 2022 of Kaipamangalam Police Station, Thrissur District, on every Saturday at 11.00AM till 30.09.2022 and thereafter as and when called upon to do so;

(3) The petitioner shall not attempt to interfere with the investigation or to influence or intimidate any witness in Crime No.140 of 2022 of Kaipamangalam Police Station, Thrissur District;

(4) The petitioner shall not involve in any other crime while on bail.

If any of the aforesaid conditions are violated, the investigating officer Crime No.140 of 2022 of Kaipamangalam Police Station, Thrissur District may file an application before the Jurisdictional Court for cancellation of bail.