Amar Singh Rana @ Ravikumar vs State Of Kerala

Shircy V, J

Application for regular bail filed under Section 439 of the Code of Criminal Procedure.

The petitioner is the sole accused in Crime No.1803 of 2021 of Town South Police Station, Palakkad registered for the offences punishable under Sections 324 and 307 of the Indian Penal Code.

He has been in custody since 25.9.2021.

The allegation is that on 24.09.2021 at about 1.00 a.m while the defacto complainant was sleeping in his room, the petitioner who was residing with him had stabbed him with a knife, a deadly weapon with the intention to cause his death and thereby he has committed the aforesaid offences.

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

The learned counsel for the petitioner has submitted that he is totally innocent of the allegations levelled against him. But he is undergoing unnecessary incarceration since the date of his arrest. Hence, this application.

It is pointed out by the learned Public Prosecutor that both the defacto complainant as well as the injured are from Nepal and both of them were working in a coffee plantation at Palakkad. Now the investigation of the case is nearing completion. The prosecution has no case that this petitioner is having any criminal antecedents.

The investigating agency had already recovered the weapon used by this petitioner to inflict injury of the defacto complainant. But on going through the records available before me, I do not find any materials to infer that further detention of this petitioner is required for the investigating agency to submit the final report.

Therefore, this application is allowed subject to the following conditions.

(i) The petitioner shall be released on bail on his executing bond for a sum of Rs.1,00,000/- (Rupees one lakh only) with two solvent sureties for the like sum each to the satisfaction of the court having jurisdiction.

(ii) The petitioner shall appear before the Investigating Officer for interrogation as and when required by him, in writing, till filing of the final report.

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

(iv) The petitioner shall not commit any offence while on bail.

In case of violation of any of the above conditions, the jurisdictional court is at liberty to cancel the bail in accordance with the law.