Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH FRIDAY, THE 1ST DAY OF SEPTEMBER 2023 / 10TH BHADRA, 1945 PETITIONER: RENJITH AGED 33 YEARS S/O RAVI, KOCHU VETTIL COLONY, BHARANIKKAVU, MUKUNDAPURAM, CHAVARA, KOLLAM DISTRICT, PIN - 691 585. BY ADVS. K.V.ANIL KUMAR SWAPNA VIJAYAN RADHIKA S.ANIL RESPONDENT: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682 031. OTHER PRESENT: SRI.NOUSHAD K.A[ PP] THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01.09.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ORDER
This application is filed u/s 439 of the Code of Criminal Procedure seeking regular bail.
2. The applicant is the accused No. 1 in Crime No.901/2023 of Chavara Police Station. The offences alleged are punishable under Sections 294(b), 323, 324,308 and 506 r/w 34 of IPC.
3. The prosecution case, in short, is that on 04.06.2023 at
8.45 pm, the applicant along with the remaining accused assaulted the defacto complainant with an iron pipe with intention to kill him and thereby committed the offences.
4. I have heard Sri. K.V. Anil Kumar, the learned counsel for the applicant and Sri Noushad K.A , the learned Public Prosecutor. Perused the case diary.
5. The learned counsel for the applicant submitted that the
applicant is innocent and has been falsely implicated in the present case. The counsel further submitted that no materials are on record to connect the applicant with the alleged crime; hence, he is entitled to get bail. On the other hand, the learned Public Prosecutor submitted that the alleged incident occurred as a part of the intentional criminal acts of the applicant, and he is not entitled to bail at this stage.
6. The applicant was remanded to judicial custody on
04.08.2023. The investigation is almost over and recovery has been effected. The remaining accused are on bail. It is true that the applicant has criminal antecedents. However, considering the nature of the injury and stage of investigation, I am of the view that further detention of the applicant is not necessary. For all these reasons, I do not find any reason to hold that the continued detention of the applicant is required for any purpose. Hence, the applicant is entitled to be released on bail. In the result, the application is allowed on the following conditions: -
(i) The applicant shall be released on bail on executing a bond for Rs.1,00,000/- (Rupees One lakh only) with two solvent sureties for the like sum each to the satisfaction of the jurisdictional Magistrate/Court.
(ii) The applicant shall fully co-operate with the investigation.
(iii) The applicant shall appear before the investigating officer between 10.00 a.m and 11.00 a.m. on every Saturday until further orders. He shall also appear before the investigating officer as and when required.
(iv) The applicant shall not commit any offence of a like nature while on bail.
(v) The applicant shall not attempt to contact any of the
prosecution witnesses, directly or through any other person, or in any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation.
(vi) The applicant shall not leave the State of Kerala without the permission of the trial Court.
(vii) The application, if any, for deletion/modification of the bail conditions or cancellation of bail on the grounds of violating the bail conditions shall be filed at the jurisdictional court.
Sd/- DR. KAUSER EDAPPAGATH JUDGE rpr APPENDIX OF BAIL APPL. 7285/2023 PETITIONER ANNEXURES Annexure-A A TRUE COPY OF THE FIR IN CRIME NO.901/2023 OF CHAVARA POLICE STATION