Sandeep M Thomas vs State Of Kerala

Viju Abraham, J

This is an application for regular bail.

Petitioner is the 2nd accused in Crime No.366 of 2022 of Manimala Police Station registered alleging commission of offences punishable under Sections 323, 324 and 308 r/w S.34 of IPC.

The prosecution case is that on 31.03.2022 at a rubber grove situated at Varukunnu, the petitioner, along with other accused persons, numbering 3, had attacked the defacto complainant and that, the first accused in the crime had beaten the defacto complainant on his head using a wooden log resulting grievous injuries on the head of the defacto complainant and that, the petitioner and the third accused in the crime also had assaulted the defacto complainant using sticks. The petitioner was arrested on 1.4.2022 and since then, he has been in judicial custody.

Heard the learned counsel for the petitioner and the learned Public Prosecutor.

The petitioner submits that he is falsely implicated the above said crime. It is also contended on the basis of Annexure-2 affidavit given by the defacto complainant intimating that he has no objection in passing any orders as against the 2nd and 3rd accused on the above said crime and further that there is no involvement of the 2nd and 3rd accused in the alleged incident that petitioner has absolutely no connection with the alleged crime.

Learned Public Prosecutor upon instructions submitted that there are no criminal antecedents against the petitioner.

Having regard to the facts and circumstances of the case, and considering the nature of the allegations, and considering the fact that the petitioner is in custody from 1.4.2022 onwards, I am inclined to grant bail to the petitioner and it is ordered that the petitioner shall be released on bail on the following conditions:

(i) The petitioner shall execute 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) Petitioner shall appear before the investigating officer in Crime No.366 of 2022 of Manimala Police Station, on every Saturday at 11 am until filing of final report;

(iii) The petitioner shall not attempt to interfere with the investigation or to influence any witness in Crime No. 366 of 2022 of Manimala 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. 366 of 2022, Manimala Police Station may file an application before the jurisdictional court, for cancellation of bail.