Kerala High Court
Jagal vs State Of Kerala on 4 December, 2021
B.A.No.9131/21 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
SATURDAY, THE 4TH DAY OF DECEMBER 2021 / 13TH AGRAHAYANA,
1943
BAIL APPL. NO. 9131 OF 2021
CRIME NO.448/2021 OF UDAYAMPEROOR POLICE STATION
AGAINST THE ORDER/JUDGMENT IN CMP 1214/2021 OF JUDICIAL
FIRST CLASS MAGISTRATE COURT, TRIPUNITHURA
PETITIONER/1ST ACCUSED:
JAGAL,
AGED 29 YEARS,
S/O.BASURAN, POTTAKKANDATHIL HOUSE,
UDAYAMPEROOR, POOTHOTTA,
ERNAKULAM, PIN-682 307.
BY ADV K.K.VINOD
RESPONDENT/STATE:
STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM-682 031.
R BY SMT.MAYA M.N. PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
04.12.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
B.A.No.9131/21 2
ORDER
This is an application for Regular Bail filed under Section
439 Cr.P.C.
2. The petitioner is the 1st accused in Crime No.448 of
2021 of Udayamperoor Police Station. The offences alleged
against him are punishable under Sections 308, 324 and 435
read with Section 34 of IPC.
3. The prosecution case is that the 1 st accused who was
in inimical terms with the de facto complainant, along with two
other accused persons assaulted the de facto complainant on
02.07.2021 at 4 p.m with iron rod, iron stick and a chopper. The
petitioner is in judicial custody since 11.10.2021.
4. Heard the learned counsel for the petitioner and the
learned Public Prosecutor.
5. The learned counsel for the petitioner contends that
the petitioner is innocent of all the allegations and the petitioner
was falsely implicated. It is pointed out that, no serious injuries
were sustained to the de facto complainant, as well. It is also
stated that final report has already been filed and no purpose
would be served by retaining him under incarceration. On the
other hand, the learned Public Prosecutor seriously opposes the
same as he is also involved in some other cases and if he is
released on bail, he is likely to threaten the witnesses.
6. It is true that serious allegations are raised against
the petitioner herein. It is also reported that he is also involved
in other cases. However, it is a fact that he is in custody since
11.10.2021 onwards and final report has already been filed, after
completing the investigation. Therefore, no purpose would be
served by keeping the petitioner under incarceration any longer.
The apprehension voiced by the Learned Public Prosecutor, can
be addressed by imposing appropriate conditions. In such
circumstances, I am of the view that he can be released on bail
subject to stringent conditions.
This bail application is allowed with the following
conditions:
(i) The petitioner shall be released on bail on
executing a bond for Rs. 1,00,000/- (Rupees One lakh
only) with two solvent sureties for the like sum each to
the satisfaction of the jurisdictional Magistrate.
(iii) The petitioner shall appear before the
Investigating Officer as and when required by him.
(iv) The petitioner shall not commit any offence of
like nature while on bail.
(v) The petitioner 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.
(vi) The petitioner shall not leave State of Kerala
without the permission of the trial Court.
Sd/-
ZIYAD RAHMAN A.A.
JUDGE
DG/4.12.21
