Sreekuttan vs State Of Kerala

Mohammed Nias C.P, J

The petitioners are the accused in Crime No.1655/2022 of the of the Chingavanam Police Station, for having committed offences punishable under Sections 341, 323, 294(b), 324, 308 r/w Section 34 of the Indian Penal Code.

The prosecution case is that due to previous animosity towards the injured, the accused hit him while he was riding a motor bike.

The petitioners would say that they are totally innocent and falsely implicated with ulterior motives. At any rate, he points out that he is in custody from 18.08.2022 and continued custody of the petitioner is unnecessary.

The learned public prosecutor opposed the petition and points out that the petitioners are not entitled to bail.

After having considered the learned counsel for the petitioners and learned Public Prosecutor and considering the nature of the offfences committed by the petitioners and the fact that he is in custody from 18.08.2022 also since there is no apprehension raised by the prosecution that if they are released on bail the petitioners are likely to abscond, I hold that bail can be granted to the petitioner. Accordingly, this application is allowed and the petitioners are granted bail subject to the following conditions:-

i) The petitioners shall be released on bail on executing bond for Rs.50,000/- (Rupees fifty thousand only) each with two solvent sureties each for the like sum to the satisfaction of the Jurisdictional Court.

ii) The petitioners shall report before the Investigating Officer on every mondays between 9 am to 10 am till the final report is filed.

iii) The petitioners shall not tamper or attempt to tamper with the evidence or influence or try to influence the witnesses.

iv) If any of the conditions is violated, the court concerned shall take steps for cancellation of bail as per law.

v) The petitioners shall not involve in any other crime while on bail.