Sajin Pradeep@ Shambu vs State Of Kerala

Gopinath P, J

This is an application for regular bail.

The petitioner is the 5th accused in Crime No.116/2022 of Kallambalam Police Station, Thiruvananthapuram District alleging commission of offences under Sections 323, 324, 307, 506(2) and 34 of the Indian Penal Code.

The allegation against the petitioner is that the petitioner along with the other accused in the case attacked the de facto complainant and caused injuries to him. It is alleged that the 2nd accused inflicted stab injuries on the de facto complainant and the 1st accused had criminally intimidated him by brandishing a knife.

The learned counsel for the petitioner would submit that the petitioner is absolutely innocent in the matter. It is submitted that the petitioner has been falsely implicated. It is submitted that the allegation insofar as it relates to accused Nos.4 and 5 is that they had attacked the de facto complainant using their hands. It is submitted that thrust of the allegations appear to be against accused Nos.1 and 2. It is submitted that no serious injuries were caused to the de facto complainant and, finally, that the petitioner has been in custody for the last 20 days and that his continued detention is not necessary for the purposes of any investigation.

I have heard the learned Public Prosecutor also.

The learned Public Prosecutor opposes the grant of bail. It is submitted that going by the allegations in the First Information Statement, the de facto complainant had questioned accused Nos.4 and 5 (including the petitioner herein), when they were found in suspicious circumstances and later accused Nos.4 and 5 called the other accused and all of them together attacked the de facto complainant. It is submitted that the petitioner 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 in custody from 11.2.2022 and since his continued detention may not be necessary for the purposes of investigation, I am inclined to grant bail to the petitioner, subject to conditions. I also note that no criminal antecedents are reported against the petitioner.

In the result, this 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 separate bond for a sum of 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 in Crime No. 116/2022 of Kallambalam Police Station as and when called upon to do so;

(iii) The petitioner shall not attempt to contact the de facto complainant or interfere with the investigation or to influence or intimidate any witness in Crime No. 116/2022 of Kallambalam Police Station;

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

If any of the aforesaid conditions are violated, the Investigating officer in Crime No. 116/2022 of Kallambalam Police Station, may file an application before the jurisdictional Court for cancellation of bail.