Biju Joseph vs State Of Kerala

The applicant is the sole accused in Crime No.106 of 2021 of Nenmara Police Station, Palakkad, for having allegedly committed offences punishable under Sections 452, 294(b), 506(ii) and 308 of the IPC. The prosecution case, in brief, is this:

On 01.03.2021, at about 6.30 AM, at Mankurissy, due to previous enmity towards the defacto complainant's husband, the applicant allegedly trespassed into the house of the defacto complainant, after having made preparations to assault the defacto complainant's husband, armed with deadly weapons like a chopper, hurled abuses at the defacto complainant's husband and thereafter attempted to chop off his head with the chopper. He evaded the blow and therefore did not sustain any injuries. Had the chopper landed on his neck, it could have proved fatal and the applicant had knowledge about that and thus attempted to commit culpable homicide. The applicant states that the allegations are not true and that it was the applicant, who was actually assaulted by the defacto complainant's husband, in consequence of which Crime No.107 of 2021 has been registered against the defacto complainant's husband. And, therefore, the applicant seeks bail. He has been in custody since 02.03.2021

Heard the learned counsel appearing for the applicant and the learned Public Prosecutor. The learned Public Prosecutor admits that the applicant has no criminal antecedents. The existence of a counter case against the defacto complainant's husband is also admitted. No injury was caused to the defacto complainant's husband. The only non-bailable offences are under Sections 452 and 308 IPC. Under the circumstances, I find that the applicant need not be detained any longer. Recovery of the weapon is already completed.

In the result, the application is allowed and the applicant is directed to be released on bail on the execution of a bond for Rs.50,000/-(Rupees Fifty thousand only), with two solvent sureties, each for the like amount to the satisfaction of the jurisdictional court and on following further conditions:

(i) He shall appear before the Investigating Officer as and when called for.

(ii) He shall not intimidate or influence witnesses and tamper with evidence.

(iii) He shall not get involved in similar offences during the currency of the bail period.

In case of breach of any of the bail conditions, the prosecution shall be at liberty to apply for cancellation of the bail before the jurisdictional court.

The bail application is allowed.