Babu vs State Of Kerala

This is an application seeking regular bail.

The applicant is the first accused in Crime No.141/2021 of Nedupuzha Police Station, Thrissur District for having allegedly committed offences punishable under Sections 143, 147, 148, 341, 506, 294 (b), 323, 324, 392 and 308 r/w Section 149 of IPC.

The prosecution case, in brief, is that on 4/3/2021 the applicant and two co-accused along with three other identifiable persons formed an unlawful assembly and in prosecution of the common object of the said unlawful assembly to assault the de facto complainant and his father, wrongfully restrained them, hurled abuses at them and intimidated them with dangerous weapons like iron rods, helmet etc. and caused grievous injury to the de facto complainant by fracturing his nose and one teeth. The de facto complainant was being taken to the hospital by his father on a motor cycle and the applicant and the co-accused again restrained them and assaulted them and also robbed the de facto complainant of his Gold chain weighing 2.5 sovereigns and committed the act of robbery. This is the second application filed by the applicant for bail. His earlier application was dismissed considering that the investigation was still at nascent stage.

The applicant states that he is in custody since 7.3.2021 and recovery is already completed and therefore, he may not be detained any longer.

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

The learned Public Prosecutor points out that the applicant has three other criminal antecedents against him. The learned counsel appearing for the applicant submits that the other criminal cases are for minor and bailable offences. Therefore, there is no need for further detention of the applicant.

After having heard the submissions on both sides, I find that the applicant has been in custody for a fairly long time and the investigation has progressed well, and therefore, further detention of the applicant may not be necessary.

In view of the above, the Bail Application is allowed and the applicant is directed to be released on bail on execution of a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties, each for the like amount to the satisfaction of the jurisdictional court and on the following conditions:

(i) He shall appear before the investigating officer on all Saturdays between 9 a.m. and 12 noon for a period of two months or till the filing of the final report, whichever is earlier.

(ii) He shall not attempt to influence or intimidate the witnesses or tamper with evidence.

(iii) He shall not get involved in similar offences during the currency of the bail.

In case of breach of any of the bail conditions, the prosecution shall be at liberty to approach the jurisdictional court seeking cancellation of the bail.