IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 7133 of 2007()
1. GIREESH KUMAR, S/O. SURENDRAN NAIR,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
2. SUB INSPECTOR OF POLICE,
For Petitioner :SRI.R.GOPAN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :21/11/2007
O R D E R
R. BASANT, J.
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B.A. NO. 7133 of 2007
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Dated this the 21st day of November, 2007
ORDER
Application for regular bail. The petitioner is the 1st
accused. Altogether, there are 4 accused persons. They face
allegations for offences punishable, inter alia, under Secs.308
and 326 read with Sec.149 of the IPC. The crux of the
allegations against the petitioner is that he along with four
other accused persons, on account of prior animosity, attacked
the de facto complainant. He was beaten and kicked. A stone
was taken and he was hit. It is on these allegations that a
crime has been registered under Secs.326 and 308 of the IPC.
2. The learned counsel for the petitioner submits that the
petitioner is absolutely innocent. The petitioner has been
continuing in custody from 30/10/07. There is no grievous hurt
suffered by the de facto complainant at all. The allegation
under Sec.308 of the IPC has been raised with transparent
mala fides. There are no circumstances at all which suggest
B.A. NO. 7133 of 2007 -: 2 :-
that an offence under Sec.308 of the IPC has been committed. In
these circumstances, the petitioner may be granted regular bail
now he having remained in custody from 30/10/07 and the
incident having taken place on 23/10/07.
3. The learned Public Prosecutor does not oppose the
application. The learned Public Prosecutor submits that the
material presently available does not clinchingly indicate that
the victim has suffered any grievous hurt. I am satisfied that the
petitioner can now be granted regular bail subject to appropriate
terms and conditions.
4. In the result:
(a) The application is allowed.
(b) The petitioner shall be released on bail on the following
terms and conditions:
(i) The petitioner shall execute a bond for Rs.50,000/- with
two solvent sureties each for the like sum to the satisfaction of
the learned Magistrate.
(ii) The petitioner shall make himself available for
interrogation before the Investigating Officer on all Mondays and
B.A. NO. 7133 of 2007 -: 3 :-
Fridays between 10 a.m. and 12 noon for a period of two months
and thereafter as and when directed by the Investigating
Officer in writing to do so.
(R. BASANT, JUDGE)
Nan/