Petitioner accused of hurting the de facto complainant was granted bail after undergoing two months of judicial custody: High Court of Kerala

Petitioner who was accused of hurting the complainant was granted bail as the investigation in the case was over and his continued detention was not necessary and was upheld by High Court of Kerala through the learned bench led by HONOURABLE MR.JUSTICE K. BABU in the case of SUDHEESH vs. STATE OF KERALA (BAIL APPL. NO. 2500 OF 2022) on 10th April, 2022.

Brief facts as per the prosecution is that on 07.02.2022 at 2.30 a.m. the petitioner and the other accused formed themselves into an unlawful assembly and voluntarily caused hurt to the de facto complainant by using dangerous weapons. The petitioner 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 murder.

Learned counsel for the petitioner submitted that he was arrested on 11.02.2022 and no specific overt acts have been alleged against the petitioner. He further submitted that the investigation in this case is over and further detention of the petitioner is not required.

In view of the nature of the allegations, stage of the investigation and the tenure of judicial custody undergone by the petitioner, the Court held that the petitioner is entitled to be released on bail on conditions-  The petitioner shall be released on bail on his executing bond for Rs.50,000/-  with two solvent sureties each for the like sum to the satisfaction of the jurisdictional court, shall appear before the Investigating Officer on all Mondays 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 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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