Jithu A.R vs State Of Kerala

P.G. Ajithkumar, J

This is an application for bail filed under Section 439 of the Code of Criminal Procedure, 1973.

The petitioner is the 4th accused in Crime No.198 of 2023 of Mulanthuruthy Police Station. He allegedly had committed the offences punishable under Sections 120(B), 341, 324 and 308 read with Section 34 of the Indian Penal Code, 1860.

Heard the learned counsel for the petitioner and the learned Public Prosecutor.

The prosecution allegation is that the petitioner along with other accused, in furtherance of their common intention to cause hurt to the defacto complainant by stabbing, on 09.03.2023 at about 09.30 p.m., attacked the defacto complainant near Arayankavu while he was travelling in his autorickshaw along with his daughter. The defacto complainant sustained stab injuries on his left and right thighs.

The petitioner would contend that he did not involve in the alleged crime and without any material or evidence, he has been implicated in the crime and that he is innocent. The investigation in the matter has been progressed considerably and there is no reason or justification for his further detention.

The learned Public Prosecutor would submit that considering the seriousness of the offence and the possibility of interfering with the investigation by the petitioner in the event of his release on bail, this petition deserve only to be dismissed.

The petitioner is the 4th  accused. Except the 2nd accused, all were arrested. Going by the prosecution allegations, overt-act of the petitioner is that he has facilitated commission of the offence. Unlike others, particularly the 1st accused, the role of the petitioner is minimal. Having heard the learned counsel appearing for the petitioner and the learned Public Prosecutor, and considering the nature and gravity of the offence, further detention of the petitioner is unnecessary. I am therefore of the view that the petitioner is entitled to be released on bail subject to conditions.

In the result, the bail application is allowed and the petitioner is granted bail on his executing a bond for Rs.50,000/- (Rupees fifty thousand only), with two solvent sureties for the like amount each, to the satisfaction of the learned Magistrate, subject to the following conditions:

(i) He shall not influence or intimidate witnesses or tamper with evidence;

(ii) He shall appear before the investigating officer as and when called for; and

(iii) During the bail period, he shall not get involved in any offence.

In case of breach of the bail conditions, the prosecution shall be at liberty to apply for cancellation of the bail before the jurisdictional court.