Abhimanyu K.S vs State Of Kerala

Gopinath P, J

This is an application for regular bail.

Petitioner is the accused in Crime No.204/2022 of Infopark police station, Kakkanad alleging commission of offences under Sections 323, 324 and 308 of the Indian Penal Code.

Petitioner and the 2nd respondent, who are college students, had some altercation with each other. The allegation is that the petitioner attacked the 2nd respondent with a knife and also stabbed him on his stomach and tried to stab him on his neck. It is alleged that if the 2nd respondent had not evaded the attack, the same would have caused the death of the 2nd respondent.

Learned counsel appearing for the petitioner submits that the petitioner has been in custody from 02.03.2022. It is submitted that all issues between the petitioner and the 2nd respondent have been settled and Annexure2 affidavit has been executed by the 2nd respondent in this regard.

I have heard the learned Public Prosecutor also.

Having regard to the facts and circumstances of the case and taking a lenient view on account of the fact that the petitioner is a college student and also taking into account the contents of Annexure2 affidavit, I am of the opinion that the petitioner can be released on bail subject to strict conditions. Accordingly, this application for bail is allowed and it is directed that the petitioner shall be released on bail subject to the following conditions:-

(i) The petitioner shall execute bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like-sum to the satisfaction of the jurisdictional court;

(ii) Petitioner shall appear before the investigating officer in Crime No.204/2022 of Infopark police station, Kakkanad at 10.00 am on 19.03.2022 and thereafter, as and when called upon to do so;

(iii) The petitioner shall not attempt to interfere with the investigation or to influence or intimidate the de facto complainant or any witness in Crime No.204/2022 of Infopark police station, Kakkanad ;

(iv) The petitioner shall not involve in any other crime while on bail.

If  any of the aforesaid  conditions  are violated, the investigating officer in Crime No. 204/2022 of Infopark police station, Kakkanad may file an application before the jurisdictional court, for cancellation of bail.