Petitioners accused of causing grievous injury to the defacto complainant were granted bail on certain conditions as the investigation was over: High Court of Kerala

Petitioners who are accused of causing injury to the defacto complainant were granted bail as their further detention was not required for the process of investigation and was upheld by High Court of Kerala through the learned bench led by HONOURABLE MR.JUSTICE K. BABU in the case of RENJITH v. STATE OF KERALA (BAIL APPL. NO. 2672 OF 2022) on 12th April, 2022.

Brief facts as per the prosecution is that on 28.02.2022 at about 07.30 p.m., the petitioners and the other accused formed themselves into an unlawful assembly and voluntarily caused grievous hurt to the defacto complainant. The petitioners and the other accused committed the acts in furtherance of their common intention and with the knowledge that if they by that act caused death of the defacto complainant they would be guilty of culpable homicide not amounting to murder.

Learned counsel for petitioner submitted that the petitioners were arrested on 01-03-2022 and have been in judicial custody since then investigation is over and therefore further detention of the petitioners is not required. The learned counsel for the petitioners further submitted that as far as the present petitioners are concerned, no specific overt acts have been alleged,

Public Prosecutor opposed the bail plea of the petitioners and also submitted that accused Nos.1 and 5 have criminal antecedents.

In view of stage of investigation, the period of judicial custody undergone by the petitioners and the nature of the allegations raised against the petitioners, Court held that the petitioners are entitled to be released on bail on conditions – petitioners shall be released on bail on their executing bond for Rs.50,000/- each with two solvent sureties each for the like sum to the satisfaction of the Magistrate concerned, shall appear before the Investigating Officer on all Mondays and Fridays between 10 a.m and 11 a.m. for a period of three months or till the final report is filed, whichever is earlier and they shall not try to influence the prosecution witnesses or attempt to tamper with the evidence.

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Judgment reviewed by – Amit Singh

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