Vipin Kumar vs State Of Kerala

Viju Abraham, J

This is an application for Regular Bail.

The petitioner is the accused in Crime No.754/2021 of Chadayamangalam Police Station, Kollam alleging commission of offences punishable under Sections 324 and 307 of the IPC.

The prosecution allegation is that, the victim has been regularly showering abusive words towards their mother in an inebriated condition. As a result of the enmity that existed between brothers due to the aforementioned reason, on 18.05.2022 at about 5.30 PM at the accused's house, victim in an inebriated condition uttered abusive words towards their mother. On seeing this, the accused interfered and attacked the victim with a piece of glass, leading to bodily injuries. On the basis of the statement of the relative, Chadayamangalam police reached there and took the victim to Hospital and registered a case against the accused.

The learned counsel for the petitioner submitted that, the petitioner was arrested on 18.05.2022 and in Judicial custody since then. The counsel further submitted that he has no criminal antecedents.

The learned Public Prosecutor opposed the application for bail. He, upon instruction, submitted that, there are no criminal antecedents as against the petitioner.

Having regard to the facts and circumstances of the case, taking into consideration the fact that the petitioner is in custody from 18.05.2022 onwards, I am inclined to grant bail to the petitioner and it is ordered that the petitioner shall be released on bail on the following stringent conditions:

(i) The petitioner shall execute bond for a sum of 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) Petitioner shall appear before the investigating officer in Crime No.754/2021 of Chadayamangalam Police Station, Kollam, as and when required;

(iii) The petitioner shall not attempt to interfere with the investigation or to influence or any witness in Crime No.754/2021 of Chadayamangalam Police Station, Kollam;

(iv) 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;

(v) 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.754/2021 of Chadayamangalam Police Station, Kollam may file an application before the jurisdictional court, for cancellation of bail.