Avinash vs State Of Kerala

Gopinath P, J

This is an application for regular bail.

The petitioner is the 7th accused in Crime No.760/2021 of Chevayur Police Station,Kozhikode District, alleging commission of offences under

Sections 341, 324, 307 & 120B r/w. Section 34 of the Indian Penal Code.

The allegation against the petitioner is that the petitioner and the other accused wrongfully restrained the de facto complainant and beat him with an

iron stick on his head with an attempt to commit murder.

The learned counsel for the petitioner submits that the petitioner is absolutely innocent in the matter. It is submitted that all the other accused in the

case have been granted bail. It is submitted that the learned Sessions Judge dismissed the application filed by the petitioner for bail only on the ground

that the petitioner had not approached the learned Magistrate under Section 437 Cr.P.C., for bail. It is submitted that this is a material irregularity. It is

submitted that the petitioner has been in custody from 24.12.2021 and his continued detention is not necessary for the purposes of any investigation.

I have heard the learned Public Prosecutor also.

The learned Public Prosecutor, with reference to the wound certificate of the de facto complainant, would point out that the de facto complainant

suffered several injuries on account of the attack by the petitioner along with the other accused. It is submitted that Anneuxre-1 order itself in

paragraph 7 indicates the nature of the injuries suffered by the de facto complainant. It is submitted that the petitioner is not entitled to be released on

bail considering the nature of the allegations.

Having regard to the facts and circumstances of the case and considering the fact that all the other accused in the case are released on bail and

also considering the fact that the petitioner has been in custody from 24.12.2021, I am of the opinion that the petitioner can be granted bail especially

since his continued detention may not be necessary for the purposes of any investigation.

In the result this 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 a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the

jurisdictional Court;

(ii) The Petitioner shall report before the Investigating officer in Crime No. 760/2021 of Chevayur Police Station as and when called upon to do so;

(iii) The petitioner shall not attempt to interfere with the investigation, influence or intimidate the de facto complainant or any witness in Crime No. 760/2021 of

Chevayur Police Station;

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

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If any of the aforesaid conditions are violated, the Investigating officer in Crime No. 760/2021 of Chevayur Police Station may file an application

before the jurisdictional Court for cancellation of bail.