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2017 DIGILAW 1210 (KER)

P. S. Gopalan v. State of Kerala, Represented by Public Prosecutor, High Court of Kerala, Ernakulam

2017-09-08

RAJA VIJAYARAGHAVAN V.

body2017
JUDGMENT : 1. This application is filed under Section 439 of the Code of Criminal Procedure, 1973. 2. The applicant has been arrayed as the sole accused in Crime No.460 of 2017 of Bekal Police Station. The said crime has been registered alleging offences punishable under Sections 294(b), 324, 308 and 506(ii) of the IPC. He seeks his enlargement on bail. 3. The prosecution allegation is that on 22.07.2017, at about 2.30 pm, the applicant herein wrongfully restrained the de facto complainant and assaulted him with a knife, causing serious injuries. 4. Heard the submissions advanced by the learned counsel appearing for the applicant and the learned public prosecutor and have perused the materials which were made available. 5. The learned counsel for the applicant would submit that the applicant was arrested on 24.07.2017 and has been in custody since then. 6. The learned Public Prosecutor has pointed out that the de facto complainant has sustained serious injuries on his left fore-arm. However, the wound certificate issued by the Doctor would reveal that the injury sustained is simple in nature. 7. After having considered the nature and gravity of allegations, the period of incarceration undergone, the stage at which investigation has reached and other facts and circumstances, I am of the view that the applicant can now be released on bail. 8. In the result this application will stand allowed. However, it shall be subject to the following conditions which shall strictly be complied with. (1). The applicant shall be released on bail on his executing a bond for Rs.50,000/-(Rupees Fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction. (2). The applicant shall appear before the Investigating Officer on all Saturdays between 9 a.m. and 10 a.m., for 2 months or till final report is filed, whichever is earlier. (3). The applicant shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence. (4). The applicant shall not commit any offence while he is on bail. (5). The applicant shall not leave the country without the permission of the concerned Court. In case of violation of any of the above conditions, the jurisdictional court shall be at liberty to cancel the bail in accordance with the law.