In a recent development, the Kerala High Court has granted bail to two individuals who were accused of restraining and assaulting a woman advocate commissioner during a local inspection. The incident occurred during the execution of an order issued by a munsiff court in the case of Sanu & Anr. v State of Kerala.
Justice Ziyad Rahman AA considered the fact that the accused had been in judicial custody since April 12 of this year. After carefully reviewing all relevant aspects, including the duration of their detention and the stage of the investigation, the court concluded that further incarceration was unnecessary. However, the bail was granted subject to appropriate conditions to ensure that the accused would not influence witnesses, as stated in the court's order.
The accused individuals were charged with various offenses under the Indian Penal Code, including acts punishable under Sections 294(b), 323, 353, 324, 354, 506(i), and 34. It was alleged that they wrongfully restrained the advocate commissioner and subsequently assaulted her, an advocate clerk, and another complainant, resulting in serious injuries to the latter.
The defense argued that their clients were innocent and falsely implicated in the case due to ongoing civil disputes between the parties involved. Additionally, they emphasized that the accused had been in custody since April 12, and there was no justification for their continued detention.
On the other hand, the prosecution contended that the allegations against the accused were grave, leading to the inclusion of an offense under Section 326 during the investigation, considering the injuries sustained by the complainant.
After considering the arguments presented, the court accepted the defense's submission regarding the duration of the accused's custody and granted them bail, imposing specific conditions.
Advocates Saijo Hassan, Rajalakshmi R, and Saritha K represented the accused, while advocate Seetha S appeared as the senior public prosecutor on behalf of the state.
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TAGS: Kerala High Court bail men accused assaulting woman Advocate Commissioner local inspection munsiff court Sanu & Anr. v State of Kerala Justice Ziyad Rahman AA judicial custody offenses Indian Penal Code Sections 294(b) 323 353 324 354 506(i) 34 wrongful restraint serious injuries defense false implication civil disputes prosecution grave allegations Section 326 investigation conditions advocates Saijo Hassan Rajalakshmi R Saritha K public prosecutor Seetha S.
