Sujeesh R vs State Of Kerala

Gopinath P., J

This is an application for regular bail.

The petitioner is the 1st accused in Crime No.5 of 2022 of Kasba Police Station, Palakkad District, alleging commission of offences under Sections

341, 323 and 326 read with Section 34 of the Indian Penal Code. The allegation against the petitioner is that owing to a dispute over posting of certain

messages in a whatsapp group, the petitioner together with the 2nd accused attacked the de-facto complainant. While it is alleged that the 2nd

accused slapped and kicked the de-facto complainant, it is alleged that the petitioner attacked the de-facto complainant with an iron rod causing a

fracture and and several contusions.

The learned counsel for the petitioner submits that the petitioner is absolutely innocent in the matter. It is submitted that the petitioner was arrested

on 03.01.2022 and has been in judicial custody since then. It is submitted that the custody of the petitioner is no longer necessary for the purpose of

any investigation as the recovery has been effected.

The learned Public Prosecutor, with reference to the First Information Statement of thed e-facto complainant and the wound certificate issued in

respect of the de-facto complainant points out the nature of the injuries caused to the de-facto complainant. It is submitted that the 2nd accused in the

case is yet to be apprehended. However, it is admitted that recovery has already been effected. It is pointed out that the petitioner has got criminal

antecedents.

The learned counsel for the petitioner submits that at present there are no like cases against the petitioner and that all previous cases have ended in

acquittal. It is pointed out that the earlier cases pertain to old issues and disputes and there are no cases registered against the petitioner in the recent

past except the present case.

Having regard to the facts and circumstances of the case and considering the fact that recovery has already been effected and also considering the

fact that the continued detention of the petitioner may not be necessary for the purpose of investigation into the case, I am of the view that the

petitioner can be granted bail subject to conditions.

In the result, this bail application is allowed and it is directed that the petitioner shall be released on bail subject to the following conditions:

(1) The petitioner shall execute bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties for the like sum to the satisfaction of the

Jurisdictional Court;

(2) Petitioner shall report before the investigating officer in Crime No.5 of 2022 of Kasba Police Station, Palakkad District, on every Saturday at 11.00AM until filing of

final report;

(3) The petitioner shall not attempt to interfere with the investigation or to influence or intimidate any witness in Crime No.5 of 2022 of Kasba Police Station, Palakkad

District;

(4) 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.5 of 2022 of Kasba Police Station, Palakkad District, may file an

application before the Jurisdictional Court for cancellation of bail.