Sajith vs State Of Kerala

Shircy V, J

The petitioner who is arraigned as the second accused in Crime No. 782/2021 of Kaipamangalam Police Station, registered for the offences punishable under Sections 294(b), 323, 324, 308 and 34 of the Indian Penal Code has moved this application seeking his release on bail.

The petitioner has been in custody since 8.10.2021.

The prosecution allegation is that on 7.10.2021, at about 10.00 hours, while the defacto complainant was riding his motorcycle, he was intercepted by this petitioner along with co-accused and slapped on his face. The first accused had also attempted to cause injury by using a granite stone. When there was an attempt on his side to hit with the granite stone,the defacto complainant somehow evaded the same but he sustained an injury on his forehead. Otherwise it would have caused his death.

Learned counsel for the petitioner submitted that this petitioner is the neighbour of the defacto complainant and there was some issues between them and another false case has been registered against him at his instance as Crime No.781/2021 and now he again implicated him in this false case.  Thus he was arrested on 8.10.2021 and he is undergoing incarceration since then. According to the learned Public Prosecutor, in Crime No.781/2021, this petitioner has been charged only with bailable offences. But in this case the investigation is over and charge sheet has been submitted before the jurisdictional court on 30.10.2021.

Since the investigation of the case is over and the injuries sustained by the defacto complainant are not serious in nature, I am inclined to release him on bail subject to the following conditions though he is having criminal antecedents.

(i) The petitioner shall be released on bail on his executing a 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.

(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 learned Magistrate is empowered to cancel the bail in accordance with the law.