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Sivaprakash P vs State Of Kerala

High Court Of Kerala · Decided on 11 July 2022 · Citation: (2022) 07 KL CK 0103

HON’BLE JUDGES
Viju Abraham, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 34, 302
RESULT
Dismissed
CASE NUMBER
Bail Application No. 4839 Of 2022
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Judgment

14 paragraphs · 360 words

Viju Abraham, J

1.

This is an application for regular bail.

2.

Petitioner is the 5th accused in Crime No.717 of 2022 of Kundara Police Station, Kollam registered alleging commission of offence punishable under Section 302 r/w S.34 of IPC.

3.

The prosecution allegation is that, one Prabin Died out of the injuries caused in a fight at “Royal Fort Bar” on 5.5.2022 at 10.30 pm.

4.

Petitioner submits that he is in custody from 31.5.2022 onwards and has been falsely implicated in the above said crime.

5.

Heard the learned counsel for the petitioner and the learned Public Prosecutor.

6.

Learned Public Prosecutor opposed the application for bail mainly contending that the investigation is going on and he has active involvement in the alleged crime and the overt act alleged against the petitioner is that he hit on the back of the victim with a stick.

7.

Considering the fact and circumstances of the case and the nature of the allegation, and that the petitioner is in custody from 31.5.2022 onwards, I am inclined to grant bail to the petitioner and it is ordered that the petitioner shall be released on bail on the following stringent 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.717 of 2022 of Kundara Police Station, on every Saturday at 11 am till filing of final report;

(iii) The petitioner shall not attempt to interfere with the investigation or to influence any witness in Crime No. 717 of 2022 of Kundara Police Station;

(iv) The petitioner shall not involve in any other crime while on bail.

(v) The petitioner shall not enter the local limits of Kundara Police Station except for appearing before the court of law and to comply with condition No.((ii)) till the trial is over.

If any of the aforesaid conditions are violated, the investigating officer in Crime No. 717 of 2022 of Kundara Police Station may file an application before the jurisdictional court, for cancellation of bail.