Petitioner who is accused of assaulting the de facto complainant causing serious injuries was granted bail as a final report has already been filed in the matter and continued detention is not necessary is not required for the investigation was upheld by High Court of Kerala through the learned bench led by HONOURABLE MR. JUSTICE GOPINATH P. in the case of SHARAN SHANKU vs. STATE OF KERALA (BAIL APPL. NO. 2209 OF 2022) on 28th March, 2022.
Facts of the case are that as the allegation against the petitioner is that owing to previous animosity with the de facto complainant, the petitioner along with the 2nd accused in the case, assaulted the de facto complainant using their hands and an iron rod, as a result of which, the de facto complainant suffered serious injuries. The previous animosity suggested is that the de facto complainant had earlier abused the mother of the petitioner herein using filthy language.
Learned counsel for the petitioner submitted that the de facto complainant is a nuisance maker in the locality, where the petitioner is living. The de facto complainant had actually fallen down after being in an inebriated condition and there was only a wordy altercation between the petitioner and the de facto complainant regarding the incident where the de facto complainant had abused the mother of the petitioner in the manner indicated above. It is further submitted that even going by the First Information Statement, the de facto complainant had only slapped and that the allegation of using the iron rod is against the 2nd accused in the case. It is pointed out that there is substantial delay in registering the First Information Report. And the petitioner has been in custody for 63 days and that his continued detention is not necessary for the purpose of any investigation.
Learned public prosecutor submitted that the de facto complainant suffered serious injuries including fracture of his rib bones owing to the attack by the petitioner and the other accused in the case. It is also submitted that the fact that the allegation of using iron rod is against the 2nd accused does not absolve the petitioner of liability in the matter, especially, since the de facto complainant was allegedly attacked at the instance of the petitioner herein, the petitioner is not entitled to be released on bail at this point of time.
Court taking into account the nature of allegations against the petitioner and considering the fact that the petitioner has been in custody for 63 days and also considering the fact that a final report has already been filed in the matter, held that the petitioner can be granted bail subject to some conditions.
Judgment reviewed by – Amit Singh.