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HIGH COURT OF KERALA
RAJA VIJAYARAGHAVAN, J
PREMRAJ – Appellant
Versus
STATE – Respondent
Bail Appl./903/2018
Bail - Criminal Procedure - Code of Criminal Procedure Section 439 - The court granted bail to the petitioner, considering the lesser degree of involvement in the crime, the period of detention, and the precedent set by the first accused being granted bail.
Fact of the Case:
The petitioner, the third accused in a case involving serious assault under multiple sections of the Indian Penal Code, sought bail arguing less involvement compared to the first accused who was already released on bail.
Finding of the Court:
The court found that while the victim sustained serious injuries, the primary assault was committed by the first accused. The petitioner's allegations were less severe, justifying bail under the circumstances.
Issues: Whether the petitioner is entitled to bail given the nature of the allegations and his role in the alleged crime.
Ratio Decidendi: The court emphasized the importance of assessing the petitioner's individual involvement, the gravity of allegations, and existing bail precedents to determine bail eligibility.
Final Decision: The petition for bail is allowed with conditions.
ORDER
1. This petition is preferred under Section 439 of the Code of Criminal Procedure .
2. The petitioner herein is the third accused in Crime No.1999/2017 of the Pooyappally Police Station, registered under Sections 294(b), 323, 324, 325, 326 and 307 r/w. 34 of the Indian Penal Code.
3. The prosecution allegation is that owing to previous enmity, on 22.11.2017 at 9.30 P.M., the petitioner along with two other accused wrongfully restrained the de facto complainant and assaulted him with dangerous weapons.
4. Sri.B.Mohan Lal, the learned counsel appearing for the petitioner, submitted that the main overt act is attributed to the first accused. It is further submitted that the first accused has been enlarged on bail by the trial court on
01.02.2018.
5. The learned Public Prosecutor has opposed the prayer.
6. I have considered the submissions and have gone through the case diary. The victim has been inflicted serious injuries but the same was as a result of the assault by the 1st accused, who has been released on bail. Only minor allegations are levelled against the petitioner herein.
7. Having regard to the nature and gravity of the allegations, the role attributed to the petitioner, the period of detention undergone by him and the stage of investigation, I am of the considered view that the petitioner can now be enlarged on bail.
In the result, this petition will stand allowed. However, it shall be subject to the following conditions:
1) The petitioner 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 petitioner shall appear before the Investigating Officer on all Saturdays between 10 a.m. And 1 p.m., for 2 months or till final report is filed, whichever is earlier.
3). The petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence.
4). The petitioner shall not commit any offence while on bail.
In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law.
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