LAWS(KER)-2016-12-8

BUNASH KHAN Vs. STATE OF KERALA

Decided On December 07, 2016
Bunash Khan Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) The petitioner is the same in these two applications. He is involved as accused in some crimes registered at the Kurathikad Police Station, and at the Vallikunnam Police Station. He seeks regular bail in two of the crimes. One is Crime No.863 of 2016 of the Vallikunnam Police Station, registered under Section 394 read with Section 511 IPC, and the other is Crime No.884 of 2016 of the Kurathikad Police Station, registered under Section 394 IPC. When the allegation in one of the cases is robbery after inflicting injury on the victim, in the other it is infliction of injury on the victim in an attempt to commit robbery. These two applications are opposed by the State on the ground that the petitioner is involved in ten other crimes. The grievance of the petitioner is that he was in fact brutally assaulted by a gang of persons, and that he is really disabled. He alleges that, being a person actually disabled due to severe injuries, he could not have committed theft or robbery as alleged by the prosecution. Ofcourse, I am not inclined to go into those details now.

(2.) On a perusal of the materials, I find that investigation is practically over in the two crimes. Of the ten other crimes reported by the police only one involves the offence under Section 394 IPC, one is under Section 420 IPC, two crimes are under Section 107 Cr.P.C., one is under Sections 324 and 308 IPC, one is under Section 364A IPC, and one crime involves the Arms Act also. There is reason to believe that presently the petitioner has some physical disability or ailments. Whether he sustained it in a brutal attack, is a matter for examination later. In the present circumstances where investigation in the two crimes is practically over, I feel it appropriate to grant him bail on very strict conditions