Gopakumar @ Unni vs State Of Kerala

Shircy V, J

This application for regular bail has been filed by the sole accused in Crime No. 1313 of 2021 of Anchal Police Station registered for the offences punishable under Sections 294(b), 324 and 307 of Indian Penal Code.

The prosecution allegation is that on 12.11.2021 at about 1.30 p.m., this petitioner, with the intention to cause the death of the defacto complainant, had attacked him with a sword while he was standing in a junction at Anchal village. He has caused grievous injuries to the defacto complainant and thereby committed the aforesaid offences.

The petitioner has been in custody since 13.11.2021.

The learned counsel on behalf of the petitioner would submit that in fact the defacto complainant has attacked this petitioner and  he  sustained  serious  injuries. He  had  also undergone treatment in a hospital and now also he is undergoing treatment. In connection with that incident Crime No. 1312 of 2021 of Anchal Police Station was registered for the offences punishable under Sections 341, 294(b), 323, 324 and 506(ii) of the Indian Penal Code.

The learned Public Prosecutor on instruction submits that investigation in both the cases are well in progress.

Though the injury sustained by the defacto complainant is grave and serious in nature, it could be seen that this petitioner had also sustained injuries in the attack by the defacto complainant and that a case has been registered. Now the investigation of the case is well in progress. The weapon alleged to have been used by the petitioner to inflict injuries on the defacto complainant had already been recovered. Considering the entire facts involved in the case, as well the registration of Crime No.1312 of 2021 against the defacto complainant for attacking this petitioner, I find that his further detention is not required and so he can be released on bail.

Therefore, 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.50,000/- (Rupees Fifty thousand 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.