Anil Kumar vs State Of Kerala

Application for regular bail under Section 439 Cr.P.C. The applicant is the first accused in Crime No.570/2020 of Kottayi Police Station for having allegedly committed offences punishable under Sections 341, 323, 324, 326 and 308 r/w Section 34 of the IPC.

The prosecution case, in brief, is that on 26.12.2020 at about 9 p.m, the applicant in furtherance of common intention with the co-accused, attacked the de facto complainant after wrongfully restraining him, while he was proceeding to his house and thereafter attacked him with dangerous weapon like a spanner causing a fracture of his frontal bone which could have even caused his death about which the applicant had knowledge while assaulting. Hence, attempted to commit culpable homicide not amounting to murder. He had approached this Court for anticipatory bail and the application was disposed of with a direction to surrender before the investigating officer within two weeks. Accordingly, he surrendered on 03.02.2021 and was arrested and remanded to judicial custody. He continues in remand. The applicant submits that the recovery is already completed and therefore no purpose would be served by further detaining him in custody. Hence seeks bail.

Heard the learned counsel for the applicant and the learned Public Prosecutor.

The learned Public Prosecutor admits that the weapon allegedly used by the applicant has already been recovered. He has been in custody from 03.02.2021. The learned Prosecutor points out that the applicant has three criminal cases against him and in one of those cases he was committed for an offence punishable under Section 326 IPC and therefore being a person with antecedents in case the applicant is released on bail, there is every possibility of his repeating offences of similar nature.

After having heard the submissions on both sides, I find that the conviction of the applicant was in the year 2005 and thereafter he has not been involved in offences of grave nature. The recovery is already completed and the applicant has been in custody for more than a month. Therefore, I find no purpose for further detention of the applicant. But considering his criminal antecedents and conviction, stringent conditions can be imposed.

In the result, the bail application is allowed and the applicant is directed to be released on bail on execution of bond for Rs.50,000/- (Rupees Fifty thousand only) with two solvent sureties for the like amount each to the satisfaction of the jurisdictional court and on the following conditions;

(1) He shall appear before the investigating officer on all Saturdays between 9 a.m and 12 noon for a period of two months or till filing of the final report whichever is earlier.

(2) He shall not attempt to influence or intimidate the witnesses.

(3) He shall not get involved in similar offences during the currency of the bail.

In the event of violating the bail conditions, the prosecution shall be at liberty to apply for cancellation of bail before the jurisdictional court.