Anil Kumar vs State Of Kerala

Dr Kauser Edappagath, J

This application is filed u/s 439 of the Code of Criminal Procedure seeking regular bail.

The applicants are the accused Nos. 1 to 3 in Crime No. 967/2023 of Chavara Station. The offences alleged are punishable under Sections 323, 324, 307, 294(b), 109 read with 34 of Indian Penal Code, 1860.

The prosecution case, in short, is that on 15.06.2023 at about 11.40 a.m., at Thayyil Kizhakkathil Veedu, Chavara Village, the applicants assaulted the defacto complainant with a chopper with intention to kill him and thereby committed the offences.

I have heard Sri. S. Jayakrishnan, the learned counsel for the applicants and Sri. Renjith George, the learned Public Prosecutor. Perused the case diary.

The learned counsel for the applicants submitted that the applicants are innocent and have been falsely implicated in the present case. The counsel further submitted that no materials are on record to connect the applicants with the alleged crime; hence, they are entitled to get bail. On the other hand, the learned Public Prosecutor submitted that the alleged incident occurred as a part of the intentional criminal acts of the applicants, and they are not entitled to bail at this stage.

The applicants were remanded to judicial custody on 16.06.2023. The investigation is almost over. The recovery has already been effected. The injury sustained are not serious. The applicants have no criminal antecedents. For all these reasons, I do not find any reason to hold that the continued detention of the applicants is required for any purpose. Hence, the applicants are entitled to be released on bail.

In the result, the application is allowed on the following conditions: -

(i) The applicants shall be released on bail on executing a bond for Rs.1,00,000/- (Rupees One lakh only) each with two solvent sureties for the like sum each to the satisfaction of the jurisdictional Magistrate/Court.

(ii) The applicants shall fully co-operate with the investigation.

(iii) The applicants shall appear before the investigating officer between 10.00 a.m and 11.00 a.m every Saturday until further orders. They shall also appear before the investigating officer as and when required.

(iv) The applicants shall not commit any offence of a like nature while on bail.

(v) The applicants shall not attempt to contact any of the prosecution witnesses, directly or through any other person, or in any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation.

(vi) The applicants shall not leave the State of Kerala without the permission of the trial Court.

(vii) The application, if any, for deletion/modification of the bail conditions or cancellation of bail on the grounds of violating the bail conditions shall be filed at the jurisdictional court.