Baiju James vs State Of Kerala

Shircy V, J

Second application for regular bail.

The petitioner is the first accused in Crime No.535 of 2021 of Sasthamcotta Police Station, Kollam District registered for the offences punishable

under Sections 452, 294(b), 324, 326 and 307 r/w Section 34 of the Indian Penal Code.

The prosecution allegation is as follows :-On 01.05.2021 this petitioner along with the accused due to their enmity towards the defacto complainant

had trespassed into his residential house and attacked him with a deadly weapon such as chopper and attempted to commit murder by inflicting

grievous injury on his scalp and thereby he along with the first accused had committed the aforesaid offences.

The petitioner has been in custody since 08.05.2021.

The learned counsel for the petitioner would submit that in fact the son of the defacto complainant had attacked this petitioner on an

earlier occasion. Thereafter, on 01.05.2021 there arose a scuffle between this petitioner as well the other accused. In the scuffle, somehow or other

the defacto complainant fell down and sustained an injury. But this petitioner is totally innocent of the alleged incident. He has not used any weapon as

alleged by the prosecution. But he is undergoing incarceration for the last more than 35 days. Hence, this application. The learned counsel has also

pointed out that the second accused has already been granted regular bail.

The learned Public Prosecutor has submitted that recovery has already been effected and the investigation of the case is well in progress.

Having regard to the nature of the accusation levelled against this petitioner, the period of detention undergone by him in judicial custody, the present

stage of investigation and the other facts and circumstances involved in this case, I am inclined to release him on bail subject to the following

conditions :-

(i) The petitioner shall be released on bail on his executing a bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties for the like sum

each to the satisfaction of the court having jurisdiction.

(ii) He shall also appear before the Investigating Officer for interrogation as and when required by him, in writing.

(iii) The petitioner shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to

dissuade him from disclosing such facts to the  court or to any police officer or tamper with the evidence.

(iv) The petitioner shall not commit any offence while on bail.

In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with the law.