Krishnakanth 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 1st accused in Crime No.2496 of 2023 of Ernakulam Town South Police, Ernakulam District, for having committed offences punishable under Sections 341, 325, 308 read with Section 34 of the Indian Penal Code.

The prosecution case is that, on 24.10.2023 at about 8.50 p.m., the accused shared a common intention and attempted to commit culpable homicide of the defacto complainant. The incident happened inside a bar named Park Residency. The 1st accused fisted on the face of the defacto complainant, and when he fell down, the 2nd accused kicked his face, causing a fracture of the nasal bone. The defacto complainant somehow evaded the attack. Had it been otherwise, it might have caused his death. Thus, the petitioner is alleged to have committed the offences mentioned above.

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

The learned public prosecutor opposed the petition and points out that the petitioner is not entitled to get bail.

After having considered the submissions of the learned counsel for the petitioner and the learned Public Prosecutor and considering the nature of the offences committed by the petitioner, the fact that the petitioner has been in custody since 25.10.2023, the investigation has substantially progressed, and also since there is no apprehension raised by the prosecution that if he is released on bail, the petitioner is likely to abscond, I hold that bail can be granted to the petitioner.

(i) The petitioner shall be released on bail on executing a 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 petitioner shall report before the Investigating Officer as and when required to do so.

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

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

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