Shaji K vs State Of Kerala

Gopinath P., J

This is an application for regular bail.

Petitioner is the accused in Crime No.669/2021 of Manjeri Police station, alleging commission of offences under Sections 333 and 353 of the Indian

Penal Code.

Allegation against the petitioner is that on 11.12.2021, at about 04.10 pm, the petitioner/accused attacked a Civil Police Officer, who was engaged in

law and order duty, resulting in fracture to his right palm and injury to his left shoulder. The petitioner was arrested on 11.12.2021 and was remanded

to custody.

Learned counsel appearing for the petitioner submits that the petitioner is absolutely innocent in the matter and that the petitioner has been

implicated only on account of previous enmity. It is submitted that the provisions of Sections 333 and 353 of the Indian Penal Code are not attracted as

the police officer in question was not in uniform and was not discharging any official duties. It is submitted that the petitioner has been in custody from

11.12.2021 and his continued detention is not necessary for the purpose of investigation. It is submitted that the petitioner recently lost his new born

daughter and he is not even able to be with his wife to comfort her.

Learned Public Prosecutor submits that the contention of the learned counsel for the petitioner that there was previous enmity for the police is

absolutely incorrect. It is submitted that the officer in question was on patrol duty and when the petitioner was found near the Beverages outlet and on

being questioned, he immediately attacked the police officer in question, resulting in serious injuries to him. It is submitted that the petitioner is not

entitled to bail.

Having regard to the facts and circumstances of the case and also considering the personal loss suffered by the petitioner recently and also

considering the fact that continued detention of the petitioner is not necessary for the purpose of any investigation, 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. 669/2021 of Manjeri Police station on every Saturday at 11 am until filing of final report;

(iii) The petitioners shall not attempt to interfere with the investigation or to influence or intimidate the de facto complainant or any witness in Crime No.669/2021 of

Manjeri 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.669/2021 of Manjeri police station may file an application before

the jurisdictional court, for cancellation of bail.