Faisal M.M @ Pachu vs State Of Kerala

Viju Abraham, J

This is an application for regular bail.

The petitioner is the sole accused in Crime No.600/2022 of Sulthan Bathery Police Station, Wayanad District, alleging commission of offence punishable under Section 448, 324, 294(b) and 506 of Indian Penal Code.

The prosecution allegation is that, on 07.06.2022, at about 18.00 hours, due to enmity on the ground that the de-facto complainant dismissed the accused from his company, the petitioner criminally trespassed into the enterprise of the de-facto complainant, abused him uttering obscene words and threatened him. It is also alleged that the petitioner stabbed the de-facto complainant with a knife on his chest and when the friend of the de-facto complainant attempted to prevent the attack, he sustained injury on his hand.

4 .The learned counsel for the petitioner submitted that the petitioner was arrested on 09.06.2022 and that he is continuing in custody.

The learned Public Prosecutor, upon instructions, submitted that there was some dispute between the defacto complainant and the petitioner in connection with running of a soft-drink company and the defacto complainant was attacked with a knife and he sustained injury. It is also submitted that the petitioner has no other criminal antecedents.

Having regard to the facts and circumstances of the case, considering the nature of the allegations and considering the fact that the petitioner is a first time offender and he is in custody from 09.06.2022 onwards, I am inclined to grant bail to the petitioner subject to stringent conditions. In the result, the bail application is allowed. It is directed that the petitioner shall be released on bail, subject to the following conditions:

(i) The petitioner shall execute bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like-sum to the satisfaction of the jurisdictional court;

(ii) Petitioner shall appear before the investigating officer in Crime No.600/2022 of Sulthan Bathery Police Station, Wayanad District on every Saturday at 11 am, until filing of final report;

(iii) The petitioner shall not attempt to interfere with the investigation or to influence or intimidate the defacto complainant or any witness in Crime No.600/2022 of Sulthan Bathery Police Station, Wayanad District;

(iv) The petitioner shall not involve in any other crime while on bail.

If any of the aforesaid conditions are violated, the investigating officer in Crime No.600/2022 of Sulthan Bathery Police Station, Wayanad District, may file an application before the jurisdictional court, for cancellation of bail.