Jibin. B vs State Of Kerala

Viju Abraham, J

This is an application for regular bail.

The petitioner is the sole accused in Crime No.365/2022 of Malayalappuzha Police Station, Pathanamthitta District alleging commission of offences punishable under Sections 341, 323, 324 and 308 of Indian Penal Code.

The prosecution allegation is that, on 03-07-2022, at around 8.30 am, the accused with a grudge towards the complainant for questioning him for assaulting the complainant's son, wrongfully restrained the complainant at Nellipura Junction, Puthukulam Muri in Vadasserikkara Village, kicked the complainant, hacked with a chopper aiming the scalp which when defended, wounded the forehead and as the neighbour ventured the accused brandished a knife at him wounding his scalp and thus the accused has committed the aforesaid offences.

The learned counsel for the petitioner submitted that the petitioner has been falsely implicated in the above said crime. In fact it was the petitioner who was attacked by the son of the defacto complainant and he sustained serious injuries in the said incident and to substantiate the same, the petitioner has produced Ext.A3 wound certificate, dated 03.07.2022. It is also submitted that the petitioner is in custody from 04.07.2022 onwards.

The learned Public Prosecutor upon instructions submitted that the petitioner attacked the defacto complainant and his mother-in-law and they sustained serious injuries, but admitted the fact that the petitioner also sustained injuries and he was arrested while he was undergoing treatment at General Hospital, Pathanamthitta. It is further submitted that the petitioner has no other criminal antecedents.

Having regard to the facts and circumstances of the case, considering the nature of the allegations and considering the fact that the petitioner is a first time offender and he is in custody from 04.07.2022 onwards, 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 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.365/2022 of Malayalappuzha Police Station, Pathanamthitta 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.365/2022 of Malayalappuzha Police Station, Pathanamthitta 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.365/2022 of Malayalappuzha Police Station, Pathanamthitta District may file an application before the jurisdictional court, for cancellation of bail.