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Petitioner who was accused of assaulting the de facto complainant was granted bail as his continued detention was not necessary for further investigation in the case and was upheld by High Court of Kerala through the learned bench led by HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH in the case of ADARSH v. STATE OF KERALA (BAIL APPL. NO. 2720 OF 2022) on 13^th April, 2022.

Brief facts of the case as per the prosecution is that the petitioner along with the remaining accused in furtherance of their common intention to commit culpable homicide wrongfully restrained the de facto complainant near Parakkadu Hospital on 2/1/2022 at 5.30 p.m. and assaulted on his head with an iron rod with intention to kill him.

Learned counsel for petitioner submitted that the petitioner is absolutely innocent and he has been falsely implicated in the present case. He further submitted that there are no materials to connect the petitioner with the alleged crime, his continued detention is not required for the purpose of investigation and hence he is entitled to get bail.

Learned Public Prosecutor opposed the bail application. He contended that the alleged incident occurred as a part of the intentional criminal acts of the petitioner and if the petitioner is released on bail at this stage, it would affect the course of the investigation.

The petitioner was remanded to judicial custody on 17/3/2022. In view of the nature of the crime and the stage of the investigation, the Court held that there no any reason to hold the continued detention of the petitioner for any purpose. The investigation seems to have reached a fair stage. No serious overt act has been alleged against the petitioner. For all these reasons, the petitioner is entitled to be released on bail.

Click here to read the Judgment

Judgment reviewed by – Amit Singh