Satheesh @ Joshy vs State Of Kerala

Shircy V, J

Application for regular bail.

The petitioner is the second accused in Crime No.151 of 2021 of Chithara Police Station registered for the offences punishable under Sections

294(b), 308, 324, 326, 341, 506(ii) r/w Section 34 of the Indian Penal Code.

The prosecution allegation is that on 04.06.2019 at about 09.30 pm this petitioner along with the other accused have wrongfully restrained the

defacto complainant and attacked him with deadly weapons such as iron rod and wooden shaft, due to their enmity towards the defacto complainant

and caused severe injuries to him and also attempted to commit culpable homicide.

This petitioner has been in custody since 09.05.2021.

It is submitted by the learned counsel for the petitioner that in fact the defacto complainant and his friends have attacked this petitioner and crime

has been registered against them before Kadakkal Police Station and the case is now pending against the defacto complainant. In fact, this petitioner

had sustained very serious head injuries in the attack by the defacto complainant and he had undergone treatment as an inpatient before the Medical

College, Thiruvananthapuram. But, at the instigation of the defacto complainant now this petitioner as well the first accused were falsely implicated in

the case.

It is also pointed out by the learned counsel for the petitioner that the first accused has already been granted regular bail. But this petitioner is

undergoing unnecessary incarceration for the last one month. According to her, the first accused is a kidney patient and he is the brother of this

petitioner and their parents are aged and this petitioner is looking after all of them and taking care of the treatment of the first petitioner. Hence,

further detention in this case will cause more hardship to the entire family and this petitioner.

The learned Public Prosecutor has opposed the application contending that the defacto complainant has lost 80% of eye sight in the attack by this

petitioner and the other accused and another crime has also been registered against this petitioner and his brother. But it is fairly submitted that

recovery has been effected and the investigation of the case is well in progress.

Having regard to the injuries sustained by this petitioner in the attack by the defacto complainant on the previous occasion, the period of detention

undergone by this petitioner in judicial custody, the present stage of investigation as well the fact that the first petitioner has already been granted bail,

I am inclined to release this petitioner on bail subject to the following conditions :-

(i) The petitioner shall be released on bail on his executing a bond for a sum of Rs.1,00,000/-(Rupees one lakh only) with two solvent sureties for the like sum each to

the satisfaction of the court having jurisdiction.

(ii) He shall also appear before the Investigating Officer for interrogation as and when required by him, in writing.

(iii) The petitioner shall not directly or indirectly,  make  any  inducement,  threat or promise to any person acquainted with the facts of the case

so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence.

(iv) The petitioner shall not commit any offence while on bail.

In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with the

law.