Kunjiraman vs State Of Kerala

Shircy V, J

This application for regular bail has been filed by the 2nd accused in Crime No. 1013 of 2021 of Pathanapuram Police Station registered for the offences punishable under Sections 341, 294(b), 308, 324 read with Section 34 of Indian Penal Code.

The petitioner has been in custody since 30.09.2021.

The prosecution case in brief is as follows:

On 22.09.2021 at about 21 hrs. while the defacto complainant was riding his motor cycle, this petitioner along with the other accused wrongfully intercepted the vehicle and attacked him due to their enmity towards him. He was hacked with a sword aiming to his neck, but somehow or other he evaded the same and it fell on his shoulder and caused injuries. The accused have also attacked the father of the defacto complainant, who intervened to rescue the defacto complainant, with dangerous weapons causing injuries to his forehead and left ear. Thereby the accused have committed the aforesaid offences.

The learned counsel for the petitioner would submit that in fact the defacto complainant and his friends had attacked this petitioner as well as his son who is arraigned as the 1st accused and he sustained very serious injuries and had undergone a surgery. Still he is undergoing treatment. Hence, this application.

The learned Public Prosecutor has no case that this petitioner is having any criminal antecedents. It is also submitted that the investigation of the case is well in progress.

The petitioner is aged 66 years. Considering the nature of the accusations levelled against this petitioner, the present stage of investigation as well the other facts and circumstances involved in this case, I am inclined to release him on bail.

Therefore, this application is allowed subject to the following conditions:

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

(ii) The petitioner shall appear before the Investigating Officer for interrogation as and when required by him, in writing.

(iii) The petitioner shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence.

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

In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with the law.