High CourtsSingle Bench

Santhosh vs State Of Kerala

High Court Of Kerala · Decided on 28 June 2021 · Citation: (2021) 06 KL CK 0438

HON’BLE JUDGES
K.Haripal, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 438 · Indian Penal Code, 1860 — Section 143, 147, 148, 149, 308, 323, 324, 326
RESULT
Allowed
CASE NUMBER
Bail Appl. No. 4428 Of 2021
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Judgment

16 paragraphs · 292 words

K.Haripal, J

1.

Petitioner is the 4th accused in Crime No.241/2021 of Palakkad Town South Police Station. The allegations are under Sections 143, 147, 148, 323,

324, 326 and 308 IPC read with Section 149 IPC. He seeks an order under Section 438 of the Cr.P.C.

2.

The alleged incident had occurred at 10.25 pm on 12.03.2021. The learned counsel for the petitioner submits that no specific allegation is raised

against the petitioner that accused Nos.1, 3, 5, 6 and 7 have already been granted bail by the Court. The weapon allegedly used by the accused has

already been recovered and therefore, his custodial interrogation is not necessary.

3.

I heard the learned Public Prosecutor also.

4.

The learned Public Prosecutor has submitted that accused Nos. 1, 3, 5, 6 and 7 have already been granted bail and the two remaining to be arrested

are accused Nos.2 and

4.

The allegation against the petitioner is that he had used beer bottle to attack the defacto complainant. The beer bottle has already been recovered. It

has also been pointed out that the main accused has been granted interim bail by this Court.

Therefore, the petitioner shall be at liberty to surrender before the investigating officer within ten days from today and will make himself available for

interrogation; in the event of arrest, he shall be released on bail on executing a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent

sureties each for the like sum to the satisfaction of the investigating officer; he shall co-operate with the investigation, shall not try to contact or

influence the witnesses or tamper with the evidence and shall not involve in any crime during the period on bail.

This bail application is allowed as above.