Jeni Philip vs State Of Kerala

Shircy V, J

Application for regular bail.

The petitioner is the sole accused in Crime No. 671 of 2021 of Vellarikundu Police Station registered for the offences punishable under Sections 341, 323, 447, 307 of Indian Penal Code.

The petitioner has been in custody since 15.11.2021.

The prosecution case is that on 13.11.2021 at about 2.30 p.m. this petitioner due to his enmity towards the defacto complainant, with the intention to cause his death, had wrongfully restrained him after trespassing into his residential compound and inflicted serious injuries on him. He was stabbed on the left side of his chest by using a deadly weapon and caused a deep injury and thereby the petitioner has committed the aforesaid offences.

The learned counsel for the petitioner submits that he is totally innocent of the allegations levelled against him. In fact the defacto complainant is his relative. As he is undergoing incarceration for more than one month, this application for bail.

The learned Public Prosecutor on instruction submits that recovery of the weapon used by this petitioner to inflict injury on the defacto complainant had already been effected. The injured has also been discharged from the hospital. As per the instruction received by the learned Public Prosecutor, this petitioner is having no criminal antecedents.

The petitioner is a person aged 52 years. The injured and the petitioner are close relatives and neighbours. Now the investigation of the case is almost over. Considering the fact that the petitioner has no criminal antecedents and the investigation is nearing completion, I think that 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.1,00,000/- (Rupees One lakh 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 jurisdictional court is empowered to cancel the bail in accordance with the law.