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Petitioners accused of causing injury to the de facto complainant were granted bail after 28 days of custody: High Court of Kerala

Petitioners who are accused of causing serious injury to the complainant were granted bail as their continued detention does not appear to be necessary for the purpose of investigation and was upheld by High Court of Kerala through the learned bench led by HONOURABLE MR. JUSTICE GOPINATH P. in the case of ABHILASH vs. STATE OF KERALA (BAIL APPL. NO. 2699 OF 2022) on 8th April, 2022.

Brief facts of the case are that Petitioners are the accused alleging commission of offences under Sections 341, 323, 324, 308, 294(b) and 506(ii) read with Section 34 of the Indian Penal Code. The allegation is that the petitioners along with the 3rd accused attacked one Rupesh and one Ratheesh at the Chembuchira Mahadeva Temple Pooram festival with a stone tied in a cloth, causing injuries.

Petitioner’s counsel submitted that at the instance of the 2nd petitioner, a crime at  the very same police station has been registered against the aforesaid Rupesh and Ratheesh, alleging commission of offences under Sections 294(b) and 323 read with Section 34 of the Indian Penal Code and certain provisions of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act. He submitted that the allegations in this crime had been raised only to counter the allegations in that and the petitioners have no criminal antecedents and they have been in custody for 28 days.

Learned public prosecutor opposed the grant of bail and pointed out the circumstances of the case from the record and submitted that the de-facto complainant suffered injuries on his head and three sutures had to be placed. It is, however, confirmed that no criminal antecedents are reported against the petitioners.

In view of the facts and circumstances of the case and considering the fact that no criminal antecedents are reported against the petitioners, Court held that the petitioners can be granted bail as their continued detention does not appear to be necessary for the purpose of investigation on conditions that Petitioners shall execute separate bonds for sums of Rs.50,000/-  each with two solvent sureties each for the like sum to the satisfaction of the Jurisdictional Court, shall not attempt to interfere with the investigation or to influence or intimidate any witness and Petitioners shall report before the investigating officer whenever called upon to do so.

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Judgment reviewed by – Amit Singh

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