Petitioner was granted bail as the investigation has reached on a fair stage and the detention of the petitioner was not required for the further investigation and was upheld by High Court of Kerala through the learned bench led by HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH in the case of NITHIN v. STATE OF KERALA (BAIL APPL. NO. 2967 OF 2022) on 19th April, 2022.
Brief facts as per the prosecution case is that on 23/2/2022, at 8.30 p.m. the petitioner along with the remaining accused trespassed into the hotel viz., Khalli Walli and assaulted the de facto complainant and his father with a bottle and also with a knife with intention to kill them and thereby committed the offence.
The learned counsel for the 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 and hence he is entitled to get bail. The learned Public Prosecutor opposed the bail application. She 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.
In view of the nature of the crime and the stage of the investigation, the Court held that there is no any reason to hold the continued detention of the petitioner for any purpose. The investigation seems to have reached a fair stage. For all these reasons, the petitioner is entitled to be released on bail on conditions-
The petitioner shall be released on bail on executing a bond for Rs.1,00,000/- with two solvent sureties for the like sum each to the satisfaction of the jurisdictional Magistrate/Court, shall fully co-operate with the investigation, petitioner shall appear before the investigating officer between 10.00 a.m and 11.00 a.m on every Saturday until further orders, he shall also appear before the investigating officer as and when required by him. The petitioner shall not commit any offence of like nature while on bail, he shall not make any attempt to contact any of the prosecution witnesses, directly or through any other person, or any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation and the petitioner shall not leave the State of Kerala without the permission of the trial Court.
Judgment reviewed by – Amit Singh