Binoy vs State Of Kerala

Viju Abraham, J.

This is an application for Regular Bail.

Petitioner is the sole accused in Crime No.1297 of 2022 of Mala Police Station, Thrissur registered alleging commission of offence punishable under Section 302 of the Indian Penal Code.

The prosecution allegation is that on 13.12.2022 at about 5.15 p.m., the petitioner stabbed the deceased with a screw driver on his ear, abdomen and face and thereby caused serious injuries. While undergoing treatment, he succumbed to the injuries. Thus, the accused has committed the abovesaid offence.

Petitioner submits that he is in custody from 13.12.2022 onwards. Even though he moved an application for regular bail earlier before this Court, the same was rejected as per Annexure-2 order mainly for the reason that the investigation is at the initial stage. Petitioner further submits that the investigation in the case is substantially progressed and the recoveries are already effected and therefore his further detention is not required for the purpose of investigation.

The learned Public Prosecutor opposed the application for bail mainly contending that the investigation is progressing and further that the petitioner is involved in 12 other cases. To which the learned counsel for the petitioner submitted that out of the 12 cases, some of them are petty offences which are closed by payment of fine. As far as Crime No.624 of 2021 registered by the Mala Police under Sections 341 and 323 IPC is concerned, it is submitted that the petitioner has been acquitted and as far as Crime No.520 of 2018 registered by the Mala Police under Section 8 read with Section 7 of the POCSO Act and Sections 363, 354 and 34 IPC is concerned, the said crime has been quashed by this Court in as per order Crl.M.C.No.8636 of 2018.

Considering the facts and circumstances of the case and the nature of the allegations, I am inclined to grant bail to the petitioner. In the result, the bail application is allowed, but taking note of the serious objection raised by the learned Public Prosecutor, the same shall only be on stringent conditions.

(i) The petitioner shall execute 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) He shall appear before the investigating officer in Crime No.1297 of 2022 of Mala Police Station, Thrissur on all Saturdays at 11.00 a.m. till the filing of the final report.

(iii) He shall not enter the jurisdiction limit of Mala Police Station for a period of four months except for complying with condition No.(ii) or to attend any court proceedings.

(iv) He shall not attempt to interfere with the investigation or to influence any witness in the abovesaid crime.

(v) He shall not involve in any other crime while on bail.

If  any  of  the  aforesaid  conditions  are  violated,  the investigating officer in Crime No.1297 of 2022 of Mala Police Station, Thrissur may file an application before the jurisdictional court, for cancellation of bail.