High CourtsSingle Bench

Shibu Wilson vs State Of Kerala

High Court Of Kerala · Decided on 27 May 2019 · Citation: (2019) 05 KL CK 0025

HON’BLE JUDGES
Shircy V, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 294(b), 326, 341
RESULT
Allowed
CASE NUMBER
Bail Application No. 3598 Of 2019
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Judgment

14 paragraphs · 341 words
1.

This is an application for regular bail.

2.

The petitioner is the accused in Crime No.559/2019 of Punnapra Police Station registered for the offences punishable under Sections 294(b), 341 and 326 of the Indian Penal Code.

3.

The petitioner has been in custody since 07.05.2019. The prosecutor allegation is that on 03.05.2019 at about 21.45 hours, the accused has wrongfully restrained the defaco complainant and shouted abusive words and beaten him with a wooden plank and thus caused fracture to his left wrist and thereby committed the aforesaid offences.

4.

Heard the leaned counsel for the petitioner as well as the learned Public Prosecutor.

5.

The learned counsel for the petitioner has submitted that he is totally innocent and he has not committed the offences as alleged. He has also pointed out that the investigation of the case is almost over.

6.

The learned Public Prosecutor has submitted that the material object involved in this case has already been recovered and the investigation is nearing completion.

7.

No criminal antecedents has been pointed out against this petitioner. The records would reveal that the investigation is almost over.

Considering the nature of the allegations levelled against the petitioner, the present stage of investigation and the period of detention undergone by the petitioner in custody, I am inclined to release him on bail subject to the following conditions:-

1.

The petitioner shall be released on bail on his executing a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the court below.

2.

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

3.

He shall not intimidate or attempt to influence the witnesses, nor shall he tamper with the evidence.

4.

He shall not commit any offence while he is on bail.

5.

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

The bail application is accordingly allowed.