Varkey @ Varghese vs State Of Kerala

K.Babu, J

This is an application filed under Section 438 of the Code of Criminal Procedure.

The petitioner is accused No.4 in Crime No.27/2022 of Kuttampuzha Police Station. The offences alleged against the petitioner are punishable under Sections 341, 323, 326 read with Section 34 of IPC.

The prosecution case is that the petitioner and the other accused due to previous enmity voluntarily caused grievous hurt to the defacto complainant on 16.01.2022. The defacto complainant sustained fracture on his nasal bone.

The learned counsel for the petitioner submitted that the petitioner has not committed any overt acts as alleged. It is submitted that he has been falsely implicated in this crime.

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

The learned Public Prosecutor opposed the bail plea of the petitioner.

Going by the prosecution records, it is alleged that the petitioner kicked and fisted the defacto complainant.

The learned counsel for the petitioner submitted that accused No.3, who is on the same footing as that of the petitioner, was granted pre-arrest bail by this Court in Bail Application No.1047/2022.

Having regard to the facts and circumstances of the case and considering the fact that accused No.3 was granted pre-arrest bail by this Court, I am of the view that the petitioner can be granted Anticipatory Bail subject to conditions.

In the result, the Bail Application is allowed as follows :-

(i) The petitioner shall appear before the Investigating Officer on 29.07.2022 for interrogation.

(ii) The petitioner shall co-operate with the Investigating agency.

(iii) The Station House Officer, Kuttampuzha Police Station is directed to release the petitioner on bail, in the event he is arrested, on his executing bond for Rs.50,000/- (Rupees Fifty Thousand only) with two solvent sureties each for the like sum.

(iv) The petitioner shall not influence the witnesses in this case or tamper with the evidence.