Khader Kunhi vs State Of Kerala

Bechu Kurian Thomas, J

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

Petitioner is the 2nd accused in Crime No.367/2022 of Bekal Police station, Kasargode. The offences alleged against the petitioner are under Sections 307, 323, 326 and 341 r/w Section 34 of the Indian Penal Code, 1860.

According to the prosecution, on 03.05.2022, the first accused along with the petitioner and two other accused unlawfully restrained the father of the victim, the 1st accused inflicted a stab injury on his buttocks and thereby committed the offences alleged him.

Sri.Jiji.S, learned Counsel for the petitioner submitted that the entire prosecution case is falsely foisted against the petitioner and that he is totally innocent. It was further pointed out that petitioner was arrested on 03.05.2022, and has been in custody since then, and no further purpose would be served especially since the final report has already been filed.

Smt.M.K.Pushpalatha, learned Public Prosecutor, on the other hand opposed the grant of bail and submitted that even though the final report has been filed, releasing the petitioner at this stage would prejudice the prosecution case since there is every chance of him interfering with the witnesses and even absconding from the trial.

On a perusal of the statement of the defacto complainant, specific overt act of stabbing has been alleged only against the first accused. Since petitioner was remanded to judicial custody on 03.05.2022, I am of the view that the continued detention of the petitioner is not required in the circumstances of the case, more so since the investigation is over and the final report has already been filed. Therefore, the petitioner is entitled to be released on bail.

In the result, this application is allowed on the following conditions:-

(a) Petitioner shall be released on bail on him 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.

(b) Petitioner shall co-operate with the trial of the case.

(c) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he attempt to tamper with the evidence.

(d) Petitioner shall not commit any similar offence while he is on bail.

(e) Petitioner shall not leave the country without the permission of the jurisdictional Court.

In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law, notwithstanding the bail having been granted by this Court.