Stan Varghese vs State Of Kerala

Gopinath P, J

This is an application for regular bail.

Petitioner is the 1st accused in Crime No.1951/2021 of Thiruvalla police station, Pathanamthitta district, alleging commission of offences under Sections 294(b), 324, 307, 506(ii), 201 r/w. Section 34 of the Indian Penal Code.

The allegation against the petitioner is that, he along with other accused attacked the de facto complainant on 03.09.2021 at 10.00 pm and inflicted serious injuries on the de facto complainant. The petitioner/1st accused is alleged to have caused very serious injuries on the left thigh and right knee of the de facto complainant while the second accused is alleged to have inflicted serious injuries on the left elbow and left hand of the de facto complainant.

Learned counsel appearing for the petitioner submits that the petitioner was arrested on 21.09.2021 and has been in custody for 91 days. It is submitted hat the petitioner is absolutely innocent in the matter. It is also submitted that a final report has already been filed in the matter and continued detention of the petitioner is therefore not necessary. It is submitted that the bail application may be allowed with stringent conditions.

I have heard the learned Public Prosecutor also.

Learned Public Prosecutor, on instructions, submits that the this is a case where the de facto complainant had been severely injured in the attack by the petitioner along with the other accused. It is submitted that the injuries were so serious that if not attended to immediately, the injuries could have resulted in the death of the de facto complainant. It is therefore submitted that the petitioner is not entitled to bail. However, the learned Public Prosecutor confirms that the final report has already been filed in the matter.

Having regard to the facts and circumstances of the case and considering the fact that the petitioner has already been in custody for 91 days and also considering the fact that final report has already been filed in the matter, I am of the opinion that the petitioner can be released on bail subject to strict conditions. Accordingly, this application for bail is allowed and it is directed that the petitioner shall be released on bail subject to the following 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. 1951/2021 of Thiruvalla Police station on every Saturday at 11 am until further orders;

(iii) The petitioners shall not attempt to influence or intimidate the de facto complainant or any witness in Crime No. 1951/2021 of Thiruvalla police station;

(iv) The petitioner shall not enter the local limits of the Pathanamthitta district until further orders, except for the purpose of appearing before the jurisdictional court in connection with Crime No. 1951/2021 of Thiruvalla police station or for the purpose of complying with condition No.(ii) above;

(v) The petitioner shall surrender his passport before the jurisdictional court. If the petitioner does not have a passport, he shall execute an affidavit to that effect and file the same before the said court within seven days of release on bail;

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

If any of the aforesaid conditions are violated, the investigating officer in Crime No.1951/2021 of Thiruvalla police station may file an application before the jurisdictional court, for cancellation of bail.