Ashkar vs State Of Kerala

Viju Abraham, J.

This is an application for regular bail.

The petitioner is the sole accused in Crime No.759/2022 of Vadakkekad Police Station, Thrissur District, alleging commission of offence punishable under Section 302 of the Indian Penal Code.

The prosecution allegation is that, the accused on 04.09.2022, at around 7 PM, due to previous enmity, forcefully pushed the deceased against the wall and his head hit against the wall and as a result of this act he lost consciousness and was rushed to the hospital and later he succumbed to the injuries and thus the accused has committed the aforesaid offence.

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 05.09.2022 onwards and that he has no other criminal antecedents. It is further submitted that the investigation is practically over and therefore, further detention of the petitioner is not required for the purpose of investigation. It is also submitted that even going by the prosecution allegation, the offence punishable under Section 302 of the Indian Penal Code is not attracted. .

The learned Senior Public Prosecutor though opposed the application for bail, submitted that the investigation is practically over and 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 a first time offender and he is in custody from 05.09.2022 onwards, I am inclined to grant bail to the petitioner subject to 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.759/2022 of Vadakkekad Police Station, Thrissur 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.759/2022 of Vadakkekad Police Station, Thrissur 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.759/2022 of Vadakekad Police Station, Thrissur District may file an application before the jurisdictional court, for cancellation of bail.