Antappan vs State Of Kerala

Mohammed Nias C.P., J

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

The petitioner is the sole accused in Crime No.1691/2023 of Chavara Police Station, Kollam, for having committed offences punishable under Sections 341, 294(b), 324, 307 and 506 of the Indian Penal Code.

The prosecution case is that the accused No.1 to 3 nurtured enmity towards the de-facto complainant, and due to the same, they attacked her brother during the festivities at St.Sebastian Church, Neendakara at about 11.30 am on 08.10.2023 and inflicted stab wounds on the abdomen and area of the ribcage and thus attempted to murder him. According to the allegations, the accused no.2 & 3 wrongfully restrained the injured, facilitating the petitioner to attack. The accused thereby committed the above offences.

The learned counsel appearing for the petitioner would say that the petitioner is innocent and falsely implicated with ulterior motives. At any rate, he points out that the petitioner has been in custody since 13.10.2023, and continued custody of the petitioner is unnecessary.

The learned Public Prosecutor opposed the petition.

After having considered the submissions of the learned counsel for the petitioner and the learned Public Prosecutor and considering the fact that the petitioner was also injured and the fact that the petitioner has been in custody since 13.10.2023 and the prosecution raises no apprehension that if released on bail, the petitioner is likely to abscond, I am inclined to grant bail, despite an antecedent under the NDPS Act being reported against him.

Accordingly, this application is allowed, and the petitioner is granted bail subject to the following conditions:-

1.The  petitioner shall  be  released  on  bail  on 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 jurisdictional court;

2.He shall appear before the Investigating Officer every Saturday between 9 a.m. and 11 a.m. for three months and thereafter when directed to appear.

3.He shall not intimidate or attempt to influence the witnesses, nor shall he tamper with the evidence or do anything that might adversely affect the trial;

4.He shall not commit any offence while on bail;

5.He shall not leave the State of Kerala without the permission of the Court having jurisdiction;

6.He shall surrender his passport before the trial court within a week. If the release of the passport is required later, the petitioner shall be at liberty to move an appropriate application for the same before the Court having jurisdiction.

7.He shall furnish his present address along with his mobile phone numbers to the court concerned as well as to the Investigating Officer.

In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation of bail and pass appropriate orders in accordance with law.