Dileep K. S vs State Of Kerala

Application for regular bail. The petitioner is the 1st accused in Crime No.27/2021 of Kenichira Police Station, Wayanad District registered for the offences punishable under Sections 452, 324, 307 r/w 34 of the Indian Penal Code.

The petitioner has been in custody since 26.01.2021.

The prosecution case is that due to the political animosity towards the defacto complainant, on 21.01.2021 at about 8.15 p.m this petitioner along with another person have trespassed into the property of the defacto complainant and stabbed the husband of the defacto complainant with a knife with the intention to cause his death resulting grievous injuries and when the defacto complainant tried to rescue him she was also stabbed with the very same weapon causing deep injury on her left thigh. The father-in-law of the defacto complainant, who intervened had also sustained injuries from the hands of this petitioner and thereby the petitioner has committed the aforesaid offences.

The learned counsel for the petitioner submitted that, the allegations levelled against him are absolutely false and baseless. In fact he is totally innocent. The defacto complainant was a defeated UDF candidate of the last Panchayath election. One Aneesh, who was helping the defacto complainant to contest the election committed suicide on 26.11.2020, and there was a rumour in that locality that he committed suicide out of fear that the defacto complainant will be defeated in the election. In fact this petitioner has nothing to do with the same. But there arose some quarrel between the defacto complainant's husband and this petitioner on 21.01.2021 and some how or other the husband of the defacto complainant has sustained grievous injuries. One Soman, who was along with the petitioner had also sustained grave injuries and he had to undergo treatment for several days in a hospital. In fact there was an attempt to sort out the dispute between the parties as presently there is no enmity between them, but still this petitioner is undergoing incarceration, hence this application.

The learned Public Prosecutor submitted that the investigation of the case is well in progress and it is nearing completion.

It is also revealed from the records that the injured in the case, who is the husband of the defacto complainant has been discharged from the hospital after 8 days of the treatment as an inpatient.

Considering the nature of the allegations levelled against this petitioner, the fact that the defacto complainant has been discharged from the hospital as well the fact that the investigation of the case is well in progress and nearing completion, I think that further detention of this petitioner may not be necessary for the investigating agency to file the final report. Hence, 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.1,00,000/- (Rupees One Lakh only) with two solvent sureties for the like sum each to the satisfaction of the court having jurisdiction.

(ii) The petitioner shall 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.