Rahul Satheesan vs State Of Kerala

This Bail Application filed under Section 438 of Criminal Procedure Code was heard through Video Conference.

The petitioner is the first accused in Crime No.233 of 2020 of Pinarayi Police Station. The above case is registered against the petitioner and others

alleging offences punishable under Sections 448, 341, 323, 324, 326 & 427 r/w Section 34 of the IPC.

The prosecution case is that on 15.8.2020 at about 7 hours, the accused trespassed into the house of the brother of the defacto complainant and the

first accused beat the brother of the defato complainant. While interfering in the said transaction, the defacto complainant and her mother also

sustained injury and thereby committed the offences.

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

The counsel for the petitioner submitted that the allegations against the petitioner is not correct. There are several litigations between the petitioner

and the defacto complainant. There is a dispute about a pathway and several cases are registered between the parties. This is a false case foisted

against the petitioner. The counsel submitted that there is a counter case also. The counsel also submitted that the petitioner is ready to abide any

conditions if this Court grant him bail.

The Public Prosecutor seriously opposed the bail application. But the Public Prosecutor submitted that the investigation in this case is over and a

final report is already filed before the Additional Chief Judicial Magistrate Court, Thalassery.

After hearing both sides, I think this bail application can be allowed on stringent conditions.

Admittedly, the investigation in this case is over and final report is filed. In such circumstances, there can be a direction to the petitioner to surrender

before the court concerned and the court concerned can be directed to release the petitioner on conditions. Considering the entire facts and

circumstances, I think this bail application can be disposed of with the following directions:

(i) The petitioner shall surrender before the jurisdictional court within 10 days from today.

(ii) If the petitioner surrender before the jurisdictional court, within ten days, the jurisdictional magistrate will release the petitioner on bail on executing

a bond for Rs.50,000/- with two solvent sureties for the like sum to the satisfaction of the court.

(iii) The learned magistrate is free to impose any other conditions, necessary, in the light of the facts and circumstances of the case.