Haron vs State Of Kerala

Viju Abraham, J

This is an application for regular bail.

Petitioner is the 1st accused in Crime No.877/2022 of Pathanapuram Police Station, Kollam District, registered alleging commission of offences punishable under Sections 447, 506 (ii), 294 (b), 324, 326, 308 and 34 of Indian Penal Code.

The prosecution case is that, the 1st accused uttered obscene words at the defacto complainant after consuming liquor and the defacto complainant questioned this. Due to that enmity on 17.07.2022 at 10.45 p.m. 1st accused trespassed into the courtyard of the house of the defacto complainant at Orippuram Colony, Mankod at Pathanapuram village by uttering obscene words and threatened him. At that time, accused Nos.2 & 3 also reached there and accused No. 3 beat on the head of the defacto complainant with a stick and thereby caused pain and at that time accused No.2 brandished a sword towards the defacto complainant and there by caused injury on his leg and abrasion on his neck. It is further alleged that at that time accused No.1 tried to hack on the head of the defacto complainant with a knife and when the defacto complainant tried to escape from the attack it caused injury and fracture on his right hand. It is also alleged that by trying the hack on the head of the defacto complainant with a knife the accused attempted to commit culpable homicide not amounting to murder and thus committed the above said offences.

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

Petitioner submitted that he is in custody from 19.7.2022 onwards, and he is falsely implicated in the above said crime.

Learned Public Prosecutor strongly opposed the application for bail mainly contending that serious overt act is alleged against the petitioner herein and the defacto complainant sustained serious injuries including fracture in the alleged incident, but submitted that the petitioner has no other criminal antecedents.

Having regard to the facts and circumstances of the case, and considering the nature of the allegations, and he is in custody from 19.7.2022, I am inclined to grant bail to the petitioner and it is ordered that the petitioner shall be released on bail on 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.877 of 2022 of Pathanapuram Police Station, 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 any witness in Crime No. 877 of 2022 of Pathanapuram Police Station;

(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. 877 of 2022 of Pathanapuram Police Station may file an application before the jurisdictional court, for cancellation of bail.