Ashkar vs State Of Kerala

Mohammed Nias C.P., J

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

The petitioner is the 1st accused in Crime No.1632/2023 of Kothamangalam Police Station, Ernakulam District, for having allegedly committed offences punishable under Sections 324, 323, 341 and 307 of the Indian Penal Code.

The prosecution case, in short, is that on 02-10-2023 at 08.00 pm, the accused shared a common intention and attempted to commit murder of the defacto complainant with deadly weapons. The first accused stabbed him, aiming at the neck, and that stab injury was sustained on his upper chest. Then the second accused caught hold of him, and the first accused again stabbed on the left side of his abdomen, causing a serious stab injury and thereby committed the offence.

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 22/10/2023, and continued custody of the petitioner is unnecessary.

The learned public prosecutor opposed the petition and pointed out that the petitioner is not entitled to bail.

After having considered the submissions of the learned counsel for the petitioner and learned Public Prosecutor, the fact that the petitioner has been in custody since 22/10/2023, the investigation is completed, and the final report filed, and also since there is no apprehension raised by the prosecution that if released on bail, the petitioner is likely to abscond, I hold that bail can be granted to the petitioner.

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

(i) 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;

(ii) The petitioner shall report before the Investigating Officer as and when directed.

(iii) The petitioner shall not tamper or attempt to tamper with the evidence or influence or try to influence the witnesses.

(iv) The petitioner shall not be involved in any other crime while on bail or leave India without the prior permission of the Court concerned.

If any of the conditions are violated, the court concerned will be empowered to take steps for cancellation of bail as per law;