Jins Joy vs State Of Kerala

Mohammed Nias C.P., J

This application is filed under Section 439 of the Code of Criminal Procedure seeking regular bail.

The petitioners are accused Nos.1 and 2 in Crime No.1461/2023 of Irinjalakkuda police station, Thrissur, for having committed offences punishable under Sections 341, 323, 324 and 308 r/w 34 of the Indian Penal Code.

The prosecution case is that due to A1’s previous animosity towards the defacto complainant, on 13.09.2023 at 22.40 hours, in furtherance of the common intention of all the accused, A2 and A3 wrongfully restrained the defacto complainant at Mapranam Church road and beat him on various parts of his body with bare hands, when the defacto complainant tried to ward off the attack, A2 tried to stab on his chest using a knife, which was blocked by the defacto complainant with his hand. Then A2 stabbed the defacto complainant’s stomach and hand various times. It is further alleged that if A2’s aiming at the defacto complainant’s chest using the knife was not warded off by him, it would have resulted in his death. Thus, the accused are alleged to have committed the aforesaid offences.

The learned counsel appearing for the petitioners would say that the petitioners are totally innocent and falsely implicated with ulterior motives. At any rate, he points out that the petitioners surrendered on 25.10.2023, and continued custody of the petitioners is unnecessary.

The learned Public Prosecutor and the learned counsel for the defacto complainant also opposed the petition.

Considering the fact that they surrendered on 25.10.2023, the investigation has substantially progressed, recovery has already been effected, and the submission that the petitioners were also injured, since there is no apprehension raised by the prosecution that if released on bail, the petitioners are likely to abscond, I hold that bail can be granted to the petitioners.

Accordingly, this application is allowed, and the petitioners are granted bail subject to the following conditions:-

(i) The petitioners shall be released on bail on executing separate bond for Rs.50,000/- (Rupees Fifty thousand only) each with two solvent sureties each for the like sum to the satisfaction of the jurisdictional court;

(ii) The petitioners shall report before the Investigating Officer as and when directed

(iii) The petitioners shall not tamper or attempt to tamper with the evidence or influence or try to influence the witnesses;

(iv) The petitioners shall not be involved in any other crime while on bail or leave the Country without the prior permission of the Court concerned.

(v) If any of the conditions are violated, the court concerned will be empowered to take steps for cancellation of bail as per law;