If the matter has been already settled out of the court and the final report has been submitted then petitioner can be granted bail: High Court of Kerala

According to the First Information Report the issue arose from the property dispute and as the matter has been already settled out of court and final report has been submitted as well, the petitioner should be granted bail on certain conditions and was upheld by High Court of Kerala through the learned bench led by HONOURABLE MR. JUSTICE GOPINATH P in the case of MUSTHAFA vs. STATE OF KERALA (BAIL APPL. NO. 2086 OF 2022) on 29th March, 2022.

Brief facts of the case according to the allegation on petitioner is that the petitioner along with six other persons formed an unlawful assembly with a common object to assault the de facto complainant and on 05.06.2021 at 4.30 p.m they assaulted the de facto complainant with an iron rod.

Learned counsel for petitioner submitted that the petitioner is arrayed as the 4th accused and specific overt acts are alleged against accused Nos.1, 2 and 3 and the allegation of using the iron rod is specifically against the 1st accused. It is clear from the First Information Statement itself that the issue arose on account of some property dispute and the petitioner has been custody from 03.03.2022, his continued detention is not necessary for the purpose of any investigation. He also submitted that the matter has been settled out of court and on that basis some of the other accused have already been granted anticipatory bail by the Court.

Public Prosecutor opposes the grant of bail. The circumstances of the case appearing from the record are of pointed out. He submitted that the de facto complainant suffered serious injuries owing to attack by the petitioner and others and the petitioner is not entitled to be released on bail at this point of time.

Court taking into account the submission of the learned counsel for the petitioner that all issues with the de facto complainant have been settled out of Court, held that the petitioner can be granted bail subject to conditions. It should also be noted that the final report has already been filed in the matter and the continued detention of the petitioner may not be necessary for the purpose of any investigation. The bail application was allowed on conditions- The petitioner shall execute bond for a sum of Rs.50,000/- with two solvent sureties for the like sum to the satisfaction of the Jurisdictional Court, petitioner shall not attempt to influence or intimidate any witness and he shall report before investigating officer whenever called.

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Judgment reviewed by – Amit Singh

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