Petitioners who were accused of causing hurt to the complainant were released on bail as the investigation is on the final stage and their continued is not necessary is not required for the purpose 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 GAGANDEEP vs. STATE OF KERALA (BAIL APPL. NO. 2560 OF 2022) on 12th April, 2022.
Brief facts of the case are that on 14.03.2022 at 12.30 a.m. due to prior enmity, the petitioners, in furtherance of their common intention, intercepted the car bearing registration No. KL 19 L 3814 at Vellarada Village with motorcycles bearing registration Nos. KL 01 R 3492 and KL 19 L 4846 and voluntarily caused hurt to the defacto complainant. The petitioners committed the acts in furtherance of their common intention and with the knowledge that if they by that act caused death of the de facto complainant, they would be guilty of culpable homicide not amounting to murder.
Learned counsel for the petitioners submitted that the petitioners are innocent and they have no role in the offences alleged and submitted the investigation is almost over and further detention of the petitioners is not required.
Public Prosecutor opposed the bail plea of the petitioners and submitted that the investigation is at the final stage and the recovery of the material objects has been affected.
In view of the stage of investigation and the term of judicial custody undergone by the petitioners, the Court held that the petitioners can be released on bail on conditions – The petitioners shall be released on bail on their executing bond for Rs.1,00,000 each with two solvent sureties each for the like sum to the satisfaction of the jurisdictional court, they shall appear before the Investigating Officer on all Mondays and Fridays between 10 am and 11 am for a period of three months or till the final report is filed, whichever is earlier and they shall not involve in any other offences, while on bail.
Judgment reviewed by – Amit Singh