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A. BADHARUDEEN
Nishad H, S/o Harees – Appellant
Versus
State Of Kerala – Respondent
ORDER :
This is a petition filed under Section 439 of the Code of Criminal Procedure, seeking bail and the petitioner is the 2nd accused in crime No.271/2023 of Kottiyam Police Station, Kollam, where the prosecution alleges commission of offences punishable under Section 294(b), 323, 324, 307 r/w 34 of IPC.
2. Heard the learned counsel for the petitioner as well as the learned Public Prosecutor and the learned counsel representing the counsel for the defacto complainant. Perused the relevant materials form part of the case diary, placed by the learned Public Prosecutor.
3. The prosecution case is that, at about 10.30 pm on 21.02.2023, due to previous animosity accused Nos. 1 and 2 abused and assaulted the defacto complainant with intention to commit his murder. Accordingly, the defacto complainant was brutally manhandled by accused Nos. 1 and 2 and in consequence thereof the defacto complainant sustained multiple injuries including serious fracture, though he survived. On this premise the prosecution alleges commission of the above offences.
4. While pressing for grant of regular bail to the petitioner, who has 14 criminal antecedents prior to this occurrence including very serious off
An exercise by the High Court would be permissible only after evidence is collected after investigation and chargesheet is filed/charge is framed and/or during the trial. Such exercise is not permiss....
In considering bail applications, courts must balance the seriousness of the offenses with the period of custody and other relevant factors, and may impose strict conditions to ensure the petitioner'....
The court affirms that amicable settlements in disputes can preclude the continuation of criminal proceedings if both parties agree.
Settlement in criminal proceedings may permit relief from charges if the parties agree amicably, provided the nature of the allegations does not threaten public safety.
The court held that bail should not be denied based solely on serious allegations if the injuries are minor and disputes have been settled between parties.
A lack of prior criminal antecedents and prolonged custody can justify the granting of bail, even in serious criminal cases.
The existence of animosity between the parties, previous grant of bail in similar cases, and the likelihood of a delayed trial were key factors in granting regular bail to the petitioner.
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