Sandheep Kumar.R vs State Of Kerala

C.Pratheep Kumar, J

This is an application for regular bail filed under Section 439 Cr.P.C by the accused involved in Crime No.1131/2023 of Pozhiyoor Police Station. The offences alleged against the petitioner are under Sections 294(b), 308, 323, 341 of IPC.

The Prosecution case is that on account of prior animosity of the accused towards the defacto complainant, on 05.11.2023 at about 2.30 P.M while the defacto complainant was driving an autorickshaw, he obstructed the autorikshaw and kicked down the defacto complainant from the autorikshaw and also kicked on the abdomen of the defacto complainant. It is further alleged that the accused assaulted the defacto complainant by using a chopper aiming on the head, which when evaded, caused injury on the head, requiring three stitches. The accused is in custody since 20.11.2023.

According to the learned counsel for the accused, this is a false case foisted against him and also that he is innocent.

On the other hand, the learned Public Prosecutor opposed the bail application. She would submit that as per the report, there is no criminal antecedents against the petitioner.

Considering the fact that the petitioner is in custody since 20.11.2023 and there is no other criminal cases against him, I am inclined to allow this application, subject to the following conditions :-

(i) The petitioner is released on bail on executing bond for Rs.50,000/- (fifty thousand only) with two solvent sureties for the like sum to the satisfaction of the Court below.

(ii) The petitioner shall report before the Investigating Officer on every Tuesday between 10.00 am and 11.00 am till the final report is filed or till the end of January, 2024, whichever is earlier.

(iii) The petitioner shall co-operate with the investigation. He shall not intimidate or influence the witnesses or tamper with the evidence.