VISHNU Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner is the accused in Crime No.1372 of 2022 of Sasthamcottah Police Station. He was granted bail in the aforesaid crime by this Court on 20/12/2022. By the impugned order, the learned Magistrate cancelled the bail after finding that the conditions imposed while granting bail were violated by the petitioner. In this proceeding, under Sec. 482 Cr.P.C, petitioner assails the order cancelling his bail.

(2.) Petitioner is alleged to have committed the offences under Sec. 294(b), 323, 324 and 308 read with Sec. 34 of the Indian Penal Code, 1860 (for short 'IPC'), based on which Crime No.1372 of 2022 of the Sasthamcottah Police Station was registered (hereafter referred to as 'the first crime'). By order dtd. 20/12/2022, in B.A. No.7367 of 2022, this Court granted bail to the petitioner. Five conditions were imposed while granting bail. The conditions included appearing before the Investigating Officer on all Saturdays at 11 am till the filing of the final report, not entering the jurisdictional limits of Sasthamcottah Police Station for a period of one month except for complying with the condition of appearance before the Investigating Officer and also not to involve in any other crime while on bail.

(3.) Alleging that petitioner had committed a serious offence within nine days of obtaining bail in the first crime, the Sasthamcottah Police registered Crime No.1957 of 2022 (hereafter referred to as 'the second crime') alleging commission of offences under Sec. 294(b), 323, 324, 326, 341 and 307 read with Sec. 34 of the IPC. In the second crime, petitioner, who is the first accused, is alleged to have brutally assaulted the defacto complainant on his head and face using a freewheel and inflicted grievous injuries including a fracture of the skull and deep incised wounds on the face. The injuries required 28 stitches on the head and 19 stitches on the face of the defacto complainant and the accused thus attempted to commit murder.