Shijil @ Muthu vs State Of Kerala And Anr

This is an application for regular bail under Section 439 of Cr.P.C.

The applicant is the 1st accused in Crime No.1253/2020 of Koyilandy Police Station for having allegedly committed offences punishable under

Sections 341, 323, 326 and 308 read with Section 34 of the I.P.C.

The prosecution case, in brief, is that on 05.12.2020 at about 9.00 PM while the de facto complainant was returning home on his scooter, he was

wrongfully restrained by the applicant and others and beaten up with a dangerous weapon like an iron rod. It was the applicant who was wielding the

iron rod hit the de facto complainant aiming at his head, which he evaded and the blow landed on his face, resulting in the loss of one tooth. There are

no other injuries allegedly sustained by the de facto complainant.

The applicant states that he has no other criminal antecedents and was arrested on 06.12.2020 and that he has been in custody since then, and

therefore, may be granted bail.

Heard the learned Counsel for the applicant and the learned Public Prosecutor.

The learned Public Prosecutor has not yet to get instructions from the investigating officer. But considering the fact that no grave injuries were

sustained by the de facto complainant and that the applicant has no other criminal antecedents, I find that there is no possibility of his absconding and

not cooperating with the investigation. Hence, he need not be incarcerated any longer.

In the result, the Bail Application is allowed and the applicant is directed to be released on bail on the execution of bond for Rs.50,000/- (Rupees fifty

thousand only), with two solvent sureties each, for the like amount to the satisfaction of the jurisdictional court, on the following other conditions:

i) He shall appear before the investigating officer as and when called for and shall cooperate with the investigation;

ii) He shall not attempt to influence or intimidate the witnesses; and

iii) He shall not get involved in similar offences during the currency of the bail.

In case of breach of any of the bail conditions, the prosecution shall be at liberty to apply for cancellation of the bail before the jurisdictional Court.