Shibu.M.S vs State Of Kerala

A. Badharudeen, J

The sole accused in crime No.322/2022 of Ettumanoor Police Station is the petitioner and he seeks regular bail in this petition filed under Section 439 of Cr.P.C.

The case of the prosecution is that on 01.03.2022 at about 4.45 p.m., the petitioner, who is none other than the son of the defacto complainant, beat her by using a hammer and inflicted serious injuries. On the said allegation, the prosecution alleges commission of offence under Section 307 of IPC.

On the basis of the First Information Statement given by the mother, crime was registered and the accused was booked on 02.03.2022 and has been in custody since then.

Heard the learned counsel for the petitioner, the learned Public Prosecutor as well as the submissions made by the mother, the defacto complainant, who appeared in person and produced copy of her Aadhar card to show her identity.

The defacto complainant submitted that the allegations are false and she had not given any FIS as contended. She submitted further that she has no objection in granting bail to her son, who has been looking after her affairs throughout.

The learned Public Prosecutor submitted that final report already filed in this matter. He submitted further that the petitioner has no criminal antecedents.

Here, the case itself is germane on the basis of FIS given by the mother and the mother himself wants release of his son, who has been in custody. It is relevant to note that final report already filed and no purpose is served by detaining the petitioner in custody further in the context of events discussed.

In the result, this bail application stands allowed and the petitioner can be released on bail on the following conditions:

i. The petitioner shall be released on bail on his executing bond for Rs.30,000/- (Rupees Thirty Thousand Only) with two solvent sureties, each for the like amount to the satisfaction of the Jurisdictional court concerned.

ii. The petitioner shall co-operate with the trial.