Eldhose vs State Of Kerala

Bechu Kurian Thomas, J

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

Petitioner is an accused in Crime No. 1739 of 2022 of the Kothamangalam Police Station, Ernakulam District alleging offences punishable under Sections 341, 324 and 307 of the Indian Penal Code, 1860.

According to the prosecution, the accused in furtherance of his enmity, criminally assaulted and stabbed the defacto complainant 3 times on the left side of the chest and the armpit on 14.09.2022 and thereby committed the offences alleged.

Sri. Peeyus A Kottayam, the learned counsel for the petitioner contended that, the entire prosecution case is false and the incident as alleged had not occurred. It was further submitted that since the petitioner was arrested on 15.09.2022 the continued detention of the petitioner is not essential, especially since the final report has already been filed.

Sri. Noushad K.A, the learned Public Prosecutor opposed the grant of bail and submitted that, the prosecution allegations are serious in nature and that the defacto complainant was in the Cardio Thoracic Vascular ICU for several days due to the serious stab injuries suffering by him and that since the petitioner and the defacto complainant are neighbours, there is every chance of the petitioner intimidating the witness and the defacto complainant. The learned Public Prosecutor also submitted that the petitioner also having three criminal antecedents.

I have considered the rival contentions and also perused the statement given by the victim. A perusal of the case diary reveals that prima facie there are materials on record to connect the petitioner with the crime. However, since petitioner was remanded to judicial custody on 15.09.2022, I am of the view that the continued detention of the petitioner is not required more so since the investigation is over and the final report has already been filed. Therefore, the petitioner is entitled to be released on bail.

In the result, this application is allowed on the following conditions:-

(a) The petitioner shall be released on bail on his 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) The petitioner shall co-operate with the trial of the case.

(c) The petitioner shall not intimidate or attempt to influence the witnesses; nor shall he attempt to tamper with the evidence.

(d) The petitioner shall not commit any similar offence while he is on bail.

(e) The petitioner shall not leave the country without the permission of the jurisdictional Court.

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.