If there are no reasons to hold the continued detention of the petitioners and the investigation has reached at a fair stage, the petitioners should be granted bail on certain conditions to prevail justice and same was upheld by High Court of Kerala through the learned bench led by HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH in the case of NIKHIL RAJ @ KICHU, S/O.RAJAN v. STATE OF KERALA (BAIL APPL. NO. 2085 OF 2022) on 24th March, 2022.
Facts of the case are that on 01.03.2022 at 9 pm, the accused formed themselves into an unlawful assembly armed with deadly weapons and in prosecution of the common object wrongfully restrained the de facto complainant, showered obscene words against him, caught hold of his collar and attacked him over his head with a weapon causing injuries on his head with an intention to kill him and thereby committed the offences.
Learned counsel for the petitioners submitted that the petitioners are absolutely innocent and they have been falsely implicated in the present case. He further submitted that there are no materials to connect the petitioners with the alleged crime and hence they are entitled to get bail.
The learned Public Prosecutor opposed the bail application. He contended that the alleged incident occurred as a part of the intentional criminal acts of the petitioners and if the petitioners are released on bail at this stage, it would affect the course of investigation.
In view of the nature of the crime and the stage of investigation, the Court held that there are no any reason to hold the continued detention of the petitioners for any purpose. The investigation seems to have reached a fair stage. For all these reasons, the petitioners are entitled to be released on bail on conditions – “The petitioners shall be released on bail on executing a bond for `1,00,000/- each with two solvent sureties for the like sum each to the satisfaction of the jurisdictional Magistrate/Court and the petitioners shall appear before the investigating officer between 10.00 a.m and 11.00 a.m on every Saturday. The petitioners shall not leave State of Kerala without the permission of the trial Court”.
Judgment reviewed by – Amit Singh