Gireesh vs State Of Kerala

Viju Abraham, J

This is an application for regular bail.

The petitioner is arrayed as the sole accused in Crime No. 692/2022 of West Police Station, Kollam District, alleging commission of offences punishable under Sections 294(b), 341, 324 and 307 of the Indian Penal Code.

The gist of the prosecution allegation is that, on 07.09.2022 at around 19 hours, while the de-facto complainant was riding a bicycle through the road in front of Vishnathukavu temple ground, accused intercepted him and attempted to commit murder by stabbing him on his neck with a knife. Accused also caused cut injuries on his head and left ear causing grievous injuries and thereby the accused has committed the aforesaid offences.

Heard the learned counsel for the petitioner and the learned Public Prosecutor.

The learned counsel for the petitioner submitted that he has been falsely implicated in the aforesaid crime and he was arrested on 07.09.2022 and is in custody since then. The learned counsel further submitted that he has no other criminal antecedents and further that investigation is practically over and further detention of the petitioner is not required for the purpose of the investigation.

The learned Public Prosecutor upon instructions submitted that the petitioner has abused his mother and that was questioned by the defacto complainant. Due to that enmity, on 07.09.2022, the petitioner attacked the defacto complainant and he sustained serious injuries. The learned Public Prosecutor further submitted that the petitioner has no other criminal antecedents.

Considering the facts and circumstances of the case and the nature of the allegations and considering the fact that the petitioner is in custody from 07.09.2022 onwards and that he has no other criminal antecedents, 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 a 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. 692/2022 of West Police Station, Kollam 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. 692/2022 of West Police Station, Kollam 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. 692/2022 of West Police Station, Kollam District, may file an application before the jurisdictional court, for cancellation of bail.