Abdul Majeed C.A vs State Of Kerala

Bechu Kurian Thomas, J

This is an application seeking regular bail filed under Section 439 of the Code of Criminal Procedure, 1973.

Petitioners are accused 1 and 4 in Crime No.367/2022 of Bakel Police Station, Kasaragod District, alleging offences under Sections 307, 323, 326 and Section 341 r/w Section 34 of Indian Penal Code, 1860.

According to the prosecution, the accused, 4 in numbers restrained the victim aged 16 years and inflicted stab injuries on his buttocks and on his left abdomen and thereby committed the offences alleged.

Sri.S.Jiji, the learned counsel for the petitioners contended that the entire prosecution allegations are false and the incident as alleged had not occurred. It was further pointed out that the 2nd petitioner was arrested on 29.05.2022 while the first petitioner surrendered on 01.06.2022 and since then they have been in custody. It was also pointed out that the 2nd accused was granted bail by this Court on 21.07.2022 and hence the continued detention of the petitioners will prejudice their defence in the case.

Smt.M.K.Pushpalatha, the learned Public Prosecutor opposed the grant of bail and contended that a minor child was brutally assaulted and had it not been for the timely medical aid given, the victim would have succumbed to his injuries. In such circumstances, releasing the petitioners on bail, at this juncture, would prejudice the prosecution case.

I have considered the rival contentions and have perused the statement given. Even though the allegations against the petitioners are serious in nature, I am of the view that since the petitioners have been in custody from 01.06.2022 and 29.05.2022 respectively, the continued detention may not be necessary. Accordingly, I allow this bail application on the following conditions :-

(a) Petitioners shall be released on bail on them executing a bond for Rs.50,000/- (Rupees Fifty thousand only) each with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction.

(b) Petitioners shall co-operate with the trial of the case.

(c) Petitioners shall not intimidate or attempt to influence the witnesses; nor shall they attempt to tamper with the evidence.

(d) Petitioners shall not commit any similar offences while they are on bail.

(e) Petitioners shall not leave the country without the permission of the jurisdictional Court.

In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law, notwithstanding the bail having been granted by this Court.