Shibu vs State Of Kerala

Shircy V, J

Application for regular bail.

The petitioner is the sole accused in Crime No. 2098 of 2021 of Kilimanoor Police Station registered for the offences punishable under Sections 294(b), 324 and 308 of Indian Penal Code.

The petitioner is in custody since 27.10.2021.

The prosecution allegation is that on 26.10.2021 at about 12 p.m. the petitioner has intercepted the defacto complainant, abused him and beaten him with a stick on the back side of his head and caused serious injuries including fracture and thereby committed the aforesaid offences.

The learned counsel for the petitioner would submit that the defacto complainant has blocked the road by keeping branches of a tree standing on the side of the road. That was questioned by the petitioner and an issue arose and infact the petitioner has no intention to attack the defacto complainant. On a spur of the moment the unfortunate incident happened and thereby the defacto complainant had sustained some minor injuries. Though he was admitted in the hospital for treatment immediately after the incident, he was discharged after 4 days.

The learned Public Prosecutor has also pointed out that the defacto complainant has been discharged from the hospital within 4 days of his admission and now the investigation of the case is well in progress. The prosecution has no case that this petitioner is having criminal antecedents.

The wound certificate would reveal that though the defacto complainant is aged 79 years, he has been discharged from the hospital after 4 days of admission in the hospital. Considering the above fact and also the fact the petitioner has no criminal antecedents, I am inclined to grant bail to this petitioner.

Therefore, this application is allowed 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.