Akshay vs State Of Kerala

Mohammed Nias C.P, J

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

The petitioner is the 3rd accused in Crime No. 147/2023 of Chalissery Police Station, Palakkad District, for having allegedly committed offences punishable under Sections 341, 324, 308 r/w Section 34 of the Indian Penal Code.

The prosecution case, in short, is that, on 25/08/2023 at about 6.30 PM, an altercation took place at Chalissery Main Road in connection with the parking of a vehicle, and the 1st accused pushed the victim and beat him with a wooden reaper. The 2nd accused hit him with a stone, and the 3rd accused beat him with another wooden reaper. It is further alleged that had the victim not evaded the attack, it would have resulted in his death and thereby committed the offence.

The learned counsel appearing for the petitioner would say that the petitioner is innocent and falsely implicated with ulterior motives. At any rate, he points out that the petitioner is in custody since 30/08/2023, and continued custody of the petitioner is unnecessary.

The learned public prosecutor opposed the petition and points out that the petitioner is not entitled to bail.

After having considered the submissions of the learned counsel for the petitioner and learned Public Prosecutor and considering the nature of the allegations against the petitioner, the fact that he has been in custody since 30/08/2023 and also since there is no apprehension raised by the prosecution that if released on bail the petitioner is likely to abscond, I hold that bail can be granted to the petitioner as no other criminal antecedents have been reported against the petitioner. I am inclined to grant bail under such circumstances.

Accordingly, this application is allowed, and the petitioner is granted bail subject to the following conditions:-

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

(ii) The petitioner shall report before the Investigating Officer as and when directed.

(iii) The petitioner shall not tamper or attempt to tamper with the evidence or influence or try to influence the witnesses.

(iv) The petitioner shall not be involved in any other crime while on bail or leave India without the prior permission of the Court concerned.

If any of the conditions are violated, the court concerned shall be empowered to take steps for cancellation of bail as per law.