High CourtsSingle Bench(2021) 08 KL CK 0189

Sunil Joseph vs State Of Kerala

High Court Of Kerala · Decided on 31 August 2021

HON’BLE JUDGES
K.Haripal, J
RESULT
Allowed
CASE NUMBER
Bail Appl. No. 6334 Of 2021

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Judgment

20 paragraphs · 330 words

K.Haripal, J

1.

Petitioner is the sole accused in Crime No. 178/2021 of Cherupuzha police station, Kannur district, which was registered on the basis of an incident

that had happened on 23.07.2021 alleging offence under Sections 341, 324, 294(b) and 307 of the Indian Penal Code. The allegation is that the

petitioner had wrongfully restrained and caused incised injury using a knife on the neck of the defacto complainant and caused him serious injuries.

The petitioner was arrested on 23.07.2021 and from 24.07.2021, he is in judicial custody. His earlier application was dismissed by this Court. Now this

is the second application for bail, filed under Section 439 of the Code of Criminal Procedure.

2.

Heard the learned counsel on both sides.

3.

The petitioner is a lawyer by profession. Investigation has progressed considerably. The learned Public Prosecutor has submitted that he does not

have criminal antecedents. Updates of investigation indicate that his further detention is not necessary at this stage.

4.

In the circumstances and having regard to the updates of the investigation, he can be released on bail on the following conditions:-

i) The petitioner shall execute a bond for Rs.50,000/-(Rupees Fifty Thousand Only) with two solvent sureties each for the like sum to the satisfaction of the

jurisdictional court;

ii) He shall not try to contact or influence the witnesses or tamper with the evidence;

iii) He shall not involve in any crime during the bail period;

iv) He shall not leave the country without permission of the jurisdictional Court;

v) He shall appear before the Investigating Officer/trial court as and when required;

vi) The petitioner shall strictly follow the various guidelines issued by the State and Central Governments with respect to keeping of social distancing in the wake of

Covid 19 pandemic;

vii) If any of the above conditions are violated by the petitioner, the jurisdictional Court will be at liberty to cancel the bail in accordance with law.

This bail application is allowed as above.