Sangeeth vs State Of Kerala

Gopinath P, J

This is an application for regular bail.

Petitioner is the 2nd accused in Crime No.360/2022 of Njarakkal police station, alleging commission of offences under Sections 341, 323, 324, 326 and 307 r/w. 34 of the Indian Penal Code.

Allegation against the petitioner is that owing to the previous enmity of the accused towards the injured (friend of the de facto complainant), the petitioner attacked him causing serious injuries. Owing to the attack, several injuries including fracture to his facial bone are reported.

Learned counsel appearing for the petitioner submits that petitioner is absolutely innocent in the matter and he has been falsely implicated in the case. It is submitted that the petitioner has been in custody for 70 days and his continued detention is not necessary for a proper investigation into the matter as the final report has already been filed in the matter.

Learned Public Prosecutor opposes the grant of bail on the ground that the petitioner has criminal antecedents. It is pointed out that the petitioner is accused in three other cases including one for the commission of an offence under Section 308 of the Indian Penal Code. It is submitted that the petitioner is a habitual offender and he is not entitled to be released on bail at this point of time.

Learned counsel for the petitioner submits, in reply, that the earlier crime registered against the petitioner alleging commission of offence under Section 308 of the IPC, was settled between the parties. It is also pointed out that the two other cases in which the petitioner is allegedly involved are cases involving bailable offences alone.

Having regard to the facts and circumstances of the case and taking into consideration of the fact that the petitioner has been in custody for 70 days and also taking into account the fact that a final report has already been filed in the matter and taking into account the submission of the learned counsel for the petitioner that in respect of the case registered against the petitioner alleging commission of offence under Section 308 IPC, the matter has been amicably settled with the de facto complainant in that case, I am of the opinion that the petitioner can be released on bail subject to strict conditions. Accordingly, this application for bail is allowed and it is directed that the petitioner shall be released on bail subject to 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. 360/2022 of Njarakkal Police station as and when called upon to do so;

(iii) The petitioner shall not attempt to influence or intimidate the de facto complainant or any witness in Crime No.360/2022 of Njarakkal 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.360/2022 of Njarakkal police station may file an application before the jurisdictional court, for cancellation of bail.