Petitioner who was accused of wrongfully restraining the complainant was granted bail as his continued detention was not necessary for the purpose of investigation and was upheld by High Court of Kerala through the learned bench led by HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH in the case of ADARSH vs. STATE OF KERALA (BAIL APPL. NO. 2720 OF 2022) on 19th April, 2022.
Brief facts of the case are 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.
The learned counsel for the petitioner submitted that the petitioner is absolutely innocent and he has been falsely implicated in the present case and was remanded to judicial custody on 17/3/2022. 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. 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.
In view of the nature of the crime and the stage of the investigation, the Court held that the continued detention of the petitioner is not required 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 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, he shall appear before the investigating officer between 10.00 a.m. and 11.00 a.m. on every Saturday until further orders, the petitioner shall not commit any offence of like nature while on bail and the petitioner shall not leave the State of Kerala without the permission of the trial Court.
Judgment reviewed by – Amit Singh