Jinshad N vs State Of Kerala

Mohammed Nias C.P, J

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

The petitioner is the first accused in Crime No. 229/2024 of Chithara Police Station, Kollam, for having committed offences punishable under Sections 294(b), 341, 323, 324, 109, 506, 307 and 34 of the Indian Penal Code.

The prosecution allegation is that, due to the enmity of the accused towards the de-facto complainant, on 12.3.2024 around 8.10 P.M., near Chithara Krishna Temple, the accused, in furtherance of their common intention to murder the de-facto complainant, hacked him with swordstick and caused injuries and thereby, attempted to murder him.

The learned counsel for the petitioner submits that the petitioner is innocent of the allegations levelled against him and has been falsely implicated in the crime. At any rate, he points out that the petitioner has been in custody since 24.3.2024, and the continued custody of the petitioner is unnecessary.

The learned Public Prosecutor opposed the petition.

I have heard both sides.

Taking note of the facts that the petitioner was arrested on 24.3.2024, the other accused have already been enlarged on bail, there are no other antecedents reported against the petitioner and also since the prosecution has raised no apprehension of the petitioner absconding if he is released on bail, I am inclined to grant bail to the petitioner.

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

i. The petitioner shall be released on bail on executing a bond for Rs.50,000/- (Rupees Fifty Thousand only) with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction;

ii. The petitioner shall fully cooperate with the trial.

iii.The petitioner shall not intimidate or attempt to influence the witnesses, nor shall he tamper with the evidence or do anything that might adversely affect the trial;

iv.The petitioner shall not commit any offence while on bail;

v. The petitioner shall not leave the country without the permission of the Court having jurisdiction;

vi.In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation of bail and pass appropriate orders in accordance with law.