Dijil vs State Of Kerala

Shircy V, J

Application for regular bail.

The petitioner is the accused in Crime No. 331 of 2021 of Kodakara Police Station registered for the offences punishable under Sections 341, 323, 308, 294(b) and 506 of the Indian Penal Code.

The petitioner has been in custody since 17.07.2021.

The prosecution allegation is that on 17.07.2021 at about 5.45 p.m., due to his enmity towards the defacto complainant had abused him and attacked him with a deadly weapon. He also attempted to stab on his stomach but it was defended by him resulting injuries on his hand. Thereby he committed the aforesaid offences.

The learned counsel has pointed out that now the investigation of the case is over, still he is undergoing incarceration.

The records would reveal that the investigation of the case is over and final report has already been submitted and now the case is pending as C.P. No. 53 of 2021 before the Judicial First Class Magistrate, Irinjalakuda. On going through the records available before me as well on hearing both sides, I fail to find materials to infer that custodial trial is required in this case. Therefore, I am inclined to release him on bail.

Therefore, this application is allowed 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) The petitioner shall co-operate with the trial of the case.

(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.

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

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