Petitioners accused of robbing the de facto complainant were granted bail after undergoing three months of judicial custody: High Court of Kerala

Petitioners who were accused of robbing the complainant were granted bail on certain conditions as charge sheet was filed and their continued detention was not required for further investigation and was upheld by High Court of Kerala through the learned bench led by HONOURABLE MR.JUSTICE K. BABU in the case of SOORAJ v. STATE OF KERALA (BAIL APPL. NO. 2833 OF 2022) on 12th April, 2022.

Facts of the case are that on 12.01.2022, at 5.55 a.m. on the public road near Mandikayattam bus stop at Kakkulissery, the petitioners with an intention to commit robbery followed the de facto complainant who was riding on a scooter and beat on the back side of her head with a wooden stick and inflicted injury. When the de facto complainant stopped the scooter, the petitioners voluntarily caused hurt to her and committed robbery. 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.

Public prosecutor opposed the Bail Plea of the petitioners. He submitted that the Charge Sheet has already been submitted in this case and they can be released on bail.

The learned counsel for the petitioners submitted that in view of the fact that Charge Sheet has already been submitted in the case, further detention of the petitioners is not required. He further submitted that the petitioners are prepared to abide by any condition to be imposed by this Court and prayed that they be released on bail.

In view of the facts that Charge Sheet has already been submitted, Court held that  the petitioners are entitled to be released on bail on conditions – the petitioners shall be released on bail on their executing bond for Rs.1,50,000/- each with two solvent sureties each for the like sum to the satisfaction of the jurisdictional court. They shall not involve in any other offence while on bail and shall not try to influence the prosecution witnesses.

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Judgment reviewed by – Amit Singh

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