Bineesh Kumar vs State Of Kerala

Bechu Kurian Thomas, J

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

Petitioner is the accused in Crime No.782/2022 of Binanipuram Police Station, Ernakulam, alleging offences punishable under Sections 307 and 324 of the Indian Penal Code, 1860.

According to the prosecution, the accused had on 08.12.2022 assaulted the defacto complainant and stabbed him with a knife in front of a lottery shop and when the wife of the defacto complainant tried to intervene, he caused injuries to her left hand and right shoulder and thereby committed the offences alleged.

Sri.Jaison Joseph, 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 the petitioner was arrested on 08.12.2022 and has been in custody since then. It was also pointed out that petitioner is willing to abide by any conditions that may be imposed.

Smt.M.K.Pushpalatha, the learned Public Prosecutor opposed the grant of bail and contended that the allegations are serious and that the defacto complainant had sustained serious injuries.

I have considered the rival contentions and have also perused the wound certificate. Having regard to the nature of injuries and also the period of detention already undergone, I am of the view that the continued detention of the petitioner is not essential.

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 court having jurisdiction.

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

(c) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence or contact the defacto complainant or his family members.

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

(e) Petitioner shall not leave India without the permission of the Court having jurisdiction.

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.