Baiju vs State Of Kerala

Bechu Kurian Thomas, J

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

Petitioner is the accused in Crime No.595/2023 of Kadakkavoor Police Station, Thiruvananthapuram, alleging offences punishable under Sections 341, 294(b), 323, 324 and 308 of the Indian Penal Code 1860.

According to the prosecution, on 30.04.2023 at around 02.30 p.m, the accused had, due to an enmity with the defacto complainant, restrained him and pulled him down by squeezing his neck and abused him and thereafter, when the defacto complainant attempted to get back, he was attacked with a sword and when the same was resisted, the defacto complainant sustained injuries on the back of his head as well as on both his hands and thereby committed the offences alleged.

Sri.P.Anoop, the learned counsel for the petitioner, contended that the entire prosecution allegations are false and the incident as alleged had not occurred. It was further submitted that petitioner is totally innocent.

Sri. P.G.Manu, the learned Public Prosecutor, opposed the application and submitted that, even though there are no antecedents against the petitioner, considering the nature of injuries inflicted and the seriousness of the offence alleged, the application ought to be rejected.

On consideration of the circumstances of the case and also the nature of injury inflicted on the defacto complainant, I am of the view that, since the interrogation of the petitioner has already been completed and that since he has been in custody from 01.05.2023, no purpose would be achieved by continuing the detention.

Accordingly, I allow this application on the following conditions:-

a) Petitioner shall be released on bail on him 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 Judicial First Class Magistrate Court, Varkala.

b) Petitioner shall appear before the Investigating Officer as and when required.

c) Petitioner shall not commit any similar offences while he is on bail.

d) Petitioner shall not intimidate or attempt to contact the defacto complainant or the witnesses.

e) Petitioner shall not leave India until conclusion of trial.

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