Ummar vs State Of Kerala

Viju Abraham, J

This is an application for regular bail.

The petitioner is the 2nd accused in Crime No.1326 of 2022 of Varkala Police Station, Thiruvananthapuram District registered alleging commission of offences punishable under Sections 294(b), 323, 326, 308 & 506(ii) read with Section 34 of the Indian Penal Code.

The prosecution case is that on 11.09.2022 the 1st accused assaulted the defacto complainant at his leg with a weapon and sustained injury and caused grievous hurt to the defacto complainant. Thus the accused have committed the abovesaid offences.

Petitioner submits that he was not present in the scene of occurrence and not committed any act as alleged and even going by the FIS, only one person attacked the defacto complainant. Petitioner further submits that he was arrested on 12.09.2022 and is in custody since then and that he has no other criminal antecedents.

Learned Public Prosecutor opposed the application for bail mainly contending that the investigation revealed the involvement of the petitioner also, but serious overt acts are alleged against the 1st accused and the defacto complainant has sustained serious injuries in the alleged incident. Learned Public Prosecutor upon instructions further submitted that the petitioner is not involved in any other crimes but the 1st accused is involved in several other cases.

Considering the facts and circumstances of the case and also taking into consideration the period of detention from 12.09.2022 onwards and also the fact that the petitioner has no other criminal antecedents I am inclined to grant bail to the petitioner, but taking into consideration the involvement of the petitioner in the alleged incident, the same shall only be on stringent conditions. In the result, the bail application is allowed. It is directed that the petitioner shall be released on bail subject to the following conditions:

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

(ii) He shall appear before the investigating officer in Crime No.1326 of 2022 of Varkala Police Station, Thiruvananthapuram District on all Saturdays at 11.00 a.m. for a period of six months.

(iii) He shall not attempt to interfere with the investigation or to influence any witness in the abovesaid crime.

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

If  any  of  the  aforesaid  conditions  are  violated,  the investigating officer in Crime No.1326 of 2022 of Varkala Police Station, Thiruvananthapuram District may file an application before the jurisdictional court, for cancellation of bail.