Jishnu Sabu vs State Of Kerala

Mohammed Nias C.P., J

The petitioner filed this application under Section 439 of the Code of Criminal Procedure, 1973, for regular bail.

Petitioner is the accused in Crime No.233/2024 of Pallickathodu police station, Kottayam district, for offences punishable under Sections 294(b), 506, 324 and 307 of the Indian Penal Code.

The prosecution case is that, on 30.03.2024 around 2.30 a.m., he went near the house of the defacto complainant with the intent to hack him to death by using a chopper on the reason that the defacto complainant prevented the accused from contacting his daughter over phone and then he hacked on his head on the right elbow and left belly by using chopper causing very severe injuries, and thus committed the aforementioned offences. The petitioner was arrested on 30.03.2024 and has been in judicial custody since then.

The learned counsel for the petitioner submits that the petitioner is innocent of the allegations levelled against them and falsely implicated in the crime.

The learned Public Prosecutor opposed the bail application.

I have heard both sides.

Taking into account the fact the petitioner has been detained since 30.03.2024, and after perusal of the wound certificate and since the prosecution has raised no apprehension of absconding if released on bail, I am inclined to grant bail to the petitioner.

Accordingly, this bail application is allowed, and the petitioner shall be released on 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 and shall attend the court on all posting dates except when his absence is permitted by the court concerned;

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.