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Ajayakumar vs State Of Kerala

High Court Of Kerala · Decided on 16 June 2023 · Citation: (2023) 06 KL CK 0223

HON’BLE JUDGES
Bechu Kurian Thomas, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 439 · Indian Penal Code, 1860 — Section 34, 308, 341, 452
RESULT
Allowed
CASE NUMBER
Bail Application No. 4251 Of 2023
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Judgment

15 paragraphs · 331 words

Bechu Kurian Thomas, J

1.

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

2.

Petitioner is the 1st accused in Crime No.5/2023 of Kalamassery Police Station, Ernakulam District. The offences alleged against the petitioner are under Sections 341, 452 and 308 r/w Section 34 of the Indian Penal Code, 1860.

3.

According to the prosecution, on 01.01.2023, the 2nd accused trespassed into the room of the defacto complainant and after dragging him out, the 1st accused stabbed him and thereby committed the offences alleged.

4.

Sri.Jaison Joseph, learned Counsel for the petitioner submitted that the prosecution allegations are false and the incident as alleged had not occurred.

5.

Sri.K.A.Noushad, learned Public Prosecutor on the other hand opposed the grant of bail and submitted that petitioner was arrested on 15.05.2023 and that the final report was filed on 31.05.2023.

6.

I have considered the rival contentions.

7.

Having regard to the fact that petitioner was arrested 15.05.2023 and final report was filed on 31.05.2023, I am of the view that petitioner can be released on bail on conditions:

In the result, this application is allowed on the following conditions:-

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

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

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

(d) Petitioner shall not commit any similar offences while he is on bail.

(e) Petitioner shall not leave India without the permission of the Court having jurisdiction.

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.