Anas vs State Of Kerala

Bechu Kurian Thomas, J

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

Petitioner is the 1st accused in Crime No. 263/2023 of Vadakkekad Police Station, Thrissur, alleging offences punishable under Sections 341, 324, 506 and 307 r/w Section 34 of the Indian Penal Code, 1860.

According to the prosecution, on 25.03.2023, the accused in furtherance of their common intention, attacked the defacto complainant with a knife and inflicted injuries on the left chest of the defacto complainant and thereby committed the offences alleged. Petitioner was arrested on 25.03.2023 and he has been in custody since then.

Sri. T.K. Asokan, the learned counsel for the petitioner contended that the entire prosecution allegations are false and the incident as alleged had not occurred.

Sri. P.G. Manu, the learned Public Prosecutor, submitted that petitioner is involved in five other criminal cases and considering the nature of injury and the seriousness of the crime alleged, bail ought not to be granted to the petitioner.

I have considered the rival contentions.

On a consideration of the circumstances of the case, I am satisfied that even though, the offences alleged against the petitioner are serious and the injury sustained to the defacto complainant are both serious, considering the period of detention already undergone from 25.03.2023, I am satisfied that the petitioner can be released on bail subject to strict conditions.

Accordingly, this application is allowed and the petitioner is released on bail on the following conditions:-

(a) Petitioner shall be released on bail on him 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 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 the state of Kerala without the permission of the jurisdictional Court.

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.