Abhilash Kumar vs State Of Kerala `

A. Badharudeen, J

This is an application for regular bail, moved by the 1st accused in Crime No.135/2023 of Keezhvaipur Police Station, Pathanamthitta.

Heard the learned counsel for the petitioner as well as the learned Public Prosecutor.

I have perused the relevant documents and copy of wound certificate, as that of Sri.Vaisakh.

The prosecution case is that, at about 11.30 a.m. on 25.2.2023, the accused herein abused and assaulted Sri.Vaisakh, with intention to commit culpable homicide, not amounting to murder. Though Vaisakh sustained very serious injuries, he survived. Thereafter, recording the statement of Vaisakh, crime, alleging commission of offences punishable under Sections 294(b), 324 and 308 r/w Section 34 of the Indian Penal Code, was registered.

According to the learned counsel for the petitioner, the petitioner is innocent and the allegations are false. He also pointed out custody of the petitioner from 25.2.2023 and the progress of investigation, while pressing for grant of regular bail to the petitioner.

The learned Public Prosecutor would submit that the allegations are very serious and in the copy of wound certificate, serious injuries noted, to justify the prosecution allegation. However, the learned Public Prosecutor conceded that the petitioner is a first time offender.

Going through the narration of the report of the Investigating Officer, the allegations are well made out, prima facie. In the copy of the wound certificate pertaining to Vaisakh, the following injuries noted:

Incised looking lacerated wound right chest 15 cmx3cmx01 cm

2.Lacerated wound 7 cmx3cmx1cm left lower chest 25 cm below left clavicle

Deep abrasion (0.5x0.2 cm)2cm above and left to the xiphisternum

It is stated in the wound certificate that, Vaisakh was attacked by the accused and one among the accused used a sharp edged weapon, looks like blade, to attack the de facto complainant. However, the facts remain is that the petitioner, who has been in custody  from  25.2.2023,  is  a  first  time  offender,  where  the investigation has achieved much progress. Therefore, the petitioner can be enlarged on bail, on imposing conditions.

Accordingly, the bail application is allowed and the petitioner is released on bail, by imposing the following conditions:

i. The petitioner shall be released on bail on his executing bond for Rs.50,000/- (Rupees Fifty Thousand Only) with two solvent sureties, each for the like amount to the satisfaction of the jurisdictional court concerned.

ii. The petitioner shall not intimidate the witnesses or tamper with evidence. He shall co-operate with the investigation and shall be available for trial.

iii. The petitioner shall appear before the Investigating Officer as and when directed.

iv. The petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of this case, so as to dissuade him from disclosing such facts to the court or to any police officer.

v. The petitioner shall not involve in any other offence during the currency of bail and any such event, if reported or came to the notice of this Court, the same shall be a reason to cancel the bail hereby granted.