Sasikumar vs State Of Kerala

V.G.Arun, J

The petitioner is the accused in Crime No.14 of 2024 registered at the Pudur Police Station for offences punishable under Sections 448,341,324 and 326 of IPC. The crime is registered on the allegation that on 23/02/2024, at 11.45 pm, the accused assaulted the defacto complainant's grand mother, a lady aged 65 years and hit her with a piece of firewood causing fracture to her ribs and hand. The petitioner was arrested on 25/02/2024 and was continued in custody.

Learned Counsel for the petitioner contends that no purpose will be served by the continued incarceration of the petitioner and the investigation itself being complete, the petitioner ought to be released.

Learned Public Prosecutor opposed the prayer for bail, pointing to the cruel manner in which the lady was attacked and the seriousness of the injuries suffered by her.

No doubt, the injured has suffered fracture to her ribs and hand, the petitioner having been in custody from 25/02/2024 and the investigation being complete, no purpose will be served by his continued incarceration. Hence, I am inclined to grant bail to the petitioner on stringent conditions.

The bail application is accordingly allowed with the following directions;

i) The petitioner shall be released on bail on his executing a bond for Rs.50,000/-(Rupees Fifty Thousand only) with two solvent sureties for the like amount to the satisfaction of the jurisdictional court.

ii) The petitioner shall not enter the limits of the Pudur Police Station, where the defacto complainant is residing, for a period of one month, except for the purpose of exercising his franchise.

iii) Petitioner shall not intimidate or attempt to influence the victim or the witnesses in any manner whatsoever.

iv) Petitioner shall not get involved in any offence of similar nature while on bail.

If the petitioner violates any of the above conditions, the prosecution will be at liberty to approach this Court for cancellation of bail..