Faizal M.A vs State Of Kerala

Bechu Kurian Thomas, J

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

Petitioner is the sole accused in Crime No.1143/2022 of Njarakkal Police Station, Ernakulam District. The offence alleged against the petitioner is under Section 307 of the Indian Penal Code. 1860.

According to the prosecution, on 27.09.2022, at 11.00 am, the accused with an intention to murder the daughter of the defacto complainant, stabbed her with a knife on her face and palms and inflicted serious injuries, and thereby committed the offences alleged.

Sri.C.C.Anoop, learned Counsel for the petitioner contended that the entire prosecution allegations are false and the incident as alleged had never occurred. It was further submitted that petitioner was arrested on 27.09.2022 and he has been in custody since then and as the investigation is on the verge of completion, no purpose would be achieved by continuing the detention.

Smt.M.K.Pushpalatha, learned Public Prosecutor on the other hand opposed the grant of bail and contended that investigation is still ongoing and, if

I have considered the rival contentions and have also perused statement of the victim as well as the wound certificate.

Considering the nature of injuries inflicted on the victim as well as the period of detention already undergone by the petitioner, I am of the view that, even though the allegations are serious, the continued detention is not essential.

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

(a) Petitioner shall be released on bail on him 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) Petitioner shall appear before the Investigating Officer as and when required.

c) Petitioner shall not enter into the limits of Njarakkal Police Station till the conclusion of trial.

(d) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence or contact the defacto complainant or her family members.

(e) Petitioner shall not commit any similar offences while he is on bail.

(f) Petitioner shall not leave India without the permission of the Court having jurisdiction.

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.