Ashik vs State Of Kerala

Viju Abraham, J

This is an application for regular bail.

The petitioner is the sole accused in Crime No.72/2022 of Perumbavoor Police Station alleging commission of offences punishable under Sections 308, 324, and 294(b) of Indian Penal Code.

The prosecution allegation is that, on 13-01-2022, at about 06.30 PM, the petitioner had assaulted the defacto complainant with a knife and caused injury on his thighs. It is further alleged that the petitioner has abused the defacto complainant with obscene words and thus the petitioner has committed the above said offences.

The learned counsel for the petitioner submitted that the petitioner was arrested and produced before the Court in connection with the aforesaid crime and the defacto complainant appeared through counsel and filed an affidavit stating that the matter has been settled and he has no objection in granting bail to the petitioner. Thereafter, the Judicial First Class Magistrate-I, Perumbavoor granted bail to the petitioner as per Annexure-1 order. One of the conditions of the bail order is that 'the petitioner shall not involve in any other crime'. Subsequently, the petitioner got involved in two other crimes and on the basis of which, the bail was cancelled as per Annexure-2 order. After the cancellation of the bail, the petitioner is in custody from 17.06.2022 onwards. It is further submitted that, in the subsequent crimes, he is already granted bail.

The learned Public Prosecutor opposed the application for bail mainly contending that the bail was cancelled due to the involvement of the petitioner in two subsequent crimes. The allegation in Crime No. 200/2022 of Nedumbassery Police Station is that the petitioner trespassed into the Anti-Terrorist Squad office premises and the duty person was manhandled by him.

Having regard to the facts and circumstances of the case, considering the fact that Annexure-1 bail was granted also taking into consideration the fact that the defacto complainant has no objection, since the matter has been settled between the petitioner and the defacto complainant and further that, for the other two crime registered, the petitioner is already granted bail and the fact that he is in custody from 17.06.2022 onwards after the cancellation of the bail order, 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 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.72/2022 of Perumbavoor Police Station on every Saturday at 11 am, till completion of trial;

(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.72/2022 of Perumbavoor Police Station;

(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.72/2022 of Perumbavoor Police Station may file an application before the jurisdictional court, for cancellation of bail.