Anees vs State Of Kerala

Viju Abraham, J

This is an application for regular bail.

The petitioner is accused No.1 in Crime No.598/2022 of Parappanangadi Police Station, Malappuram District, alleging commission of offences punishable under Sections 323, 324 and 307 r/w Section 34 of Indian Penal Code.

The prosecution allegation is that, on 22.08.2022 at 5.30 pm at Chappapadi Kadappuram the 1st accused along with other accused, due to previous animosity and in furtherance of their common intention, attacked the defacto complainant and accused No.1, with an intention to commit murder, stabbed the defacto complainant on his back three times and also tried to stab on his chest. The defacto complainant prevented the attack and as a result, got injuries on his left shoulder and hand. Thereafter the defacto complainant fell down and the 2nd accused stabbed him on his face with a weapon and caused injuries on his lip and upper teeth. The defacto complainant’s friend who had tried to prevent the acts of the accused, also got simple injuries in the incident and thus the 1st accused along with other accused have committed the aforesaid offences.

4 .The learned counsel for the petitioner submitted that the petitioner has been falsely implicated in the above said crime. It is also submitted that the petitioner is in custody from 16.09.2022 onwards and that the petitioner has no other criminal antecedents.

The learned Public Prosecutor opposed the application for bail mainly contending that serious injuries were sustained by the defacto complainant in the alleged incident. It is further submitted that the petitioner has no other criminal antecedents.

Having regard to the facts and circumstances of the case, considering the nature of the allegations and considering the fact that the petitioner is in custody from 16.09.2022 onwards and that he has no other criminal antecedents, I am inclined to grant bail to the petitioner subject to stringent conditions. In the result, the bail application is allowed. It is directed that the petitioner shall be released on bail, subject to the following conditions:

(i) The petitioner shall execute a 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) The Petitioner shall appear before the investigating officer in Crime No.598/2022 of Parappanangadi Police Station, Malappuram District, on every Saturday at 11 am, until filing of final report;

(iii) The petitioner shall not attempt to interfere with the investigation or to influence or intimidate the defacto complainant or any witness in Crime No.598/2022 of Parappanangadi Police Station, Malappuram District,;

(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.598/2022 of Parappanangadi Police Station, Malappuram District, may file an application before the jurisdictional court, for cancellation of bail.