Seena L.K. vs State Of Kerala

Application for regular bail submitted by the sole accused in Crime No.843/2021 of Kodumon Police Station, Pathanamthitta District registered for the offences punishable under Sections 294(b), 326, 341 and 324 of the Indian Penal Code, seeking his release on bail.

The petitioner has been in custody since 10.08.2021.

The prosecution case is that, the petitioner, who was entertaining enmity towards the defacto complainant, on 09.08.2021 had wrongfully restrained him in front of his residence and showered him with obscene words and attacked him and inflicted injuries. The petitioner had hit him on his left eye with a stone resulting grievous injuries including fracture of the bones on his forehead and thereby committed the aforesaid offences.

The learned counsel for the petitioner has raised a plea of false implication and pleaded that he is totally innocent of the allegations levelled against him.

But the said contention was refuted by the learned Public Prosecutor contending that the injuries sustained to the defacto complainant are grievous in nature. But it is fairly submitted that the recovery of the weapon used by the petitioner had already been recovered and the investigation of the case has progressed considerably.

From the submission of both sides and on perusal of the records available before me, I could find that the investigation is practically over and the weapon alleged to have been used by this petitioner had already been recovered. The petitioner is having no criminal antecedents and he is aged only 23 years. Considering all these facts, I am inclined to release him 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.50,000/- (Rupees fifty thousand only) with two solvent sureties for the like sum each to the satisfaction of the court having jurisdiction.

(ii) The petitioner shall 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.