M K Gopalakrishnan vs State Of Kerala

A.Badharudeen,  J

This is an application for regular bail filed under Section 439 of the Criminal Procedure Code by the sole accused in Crime No.22 of 2023 of Perumpetty Police Station, Pathanamthitta.

Heard the learned counsel for the petitioner as also the learned Public Prosecutor.

I have perused the Case Diary materials produced by the learned Public Prosecutor.

The prosecution allegation is that, at 18.45 hours on 08.01.2023, the accused herein caused cut injury on the head of the defacto complainant by using chopper, with intention to do away him. Since the defacto complainant warded off the same, he had survived eventhough the same caused injuries on his left ear and scalp. On this premise, the prosecution commission of offences punishable under Sections 294(b) and 307 of the Indian Penal Code.

The learned counsel for the petitioner submitted that the petitioner is innocent and he is a person aged 75 years. He has no criminal antecedents. Since the purpose of investigation keeping his custody is over, he is liable to be released on bail.

The learned Public Prosecutor opposed bail and submitted that serious injuries sustained, as per the wound certificate in relation to the defacto complainant and therefore, the prosecution case is well made out. Highlighting the primitive stage of investigation, the learned Public Prosecutor opposed bail.

On perusal of the First Information Statement, attempt of the accused to cause cut injury on the head of the defacto complainant by using a chopper and when the same was warded off by the defacto complainant, causing of injury on his head and ear could be gathered. In the wound certificate, lacerated wound 3x3 cm in the superior part of left pinna extending towards scalp, lacerated wound in the left ear 1x1 cm were noted.

Since the petitioner has been in custody from 09.01.2023 and he is a person aged 75 years without any criminal antecedents, I am inclined to release him on bail, since his further custody is not required for the purpose of investigation.

Therefore, this petition stands allowed and he is released on bail on the following conditions:

i. The petitioner shall be released on bail on his executing bond for Rs.50,000/- (Rupees Fifty Thousand Only) with two solvent sureties, each for the like amount to the satisfaction of the Magistrate court concerned.

ii. The petitioner shall not intimidate the witnesses or tamper with evidence. He shall co-operate with the investigation and shall be available for trial.

iii. The  petitioner  shall  appear  before  the Investigating Officer as and when directed.

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

v. The petitioner shall not involve in any other offence during the currency of bail and any such event, if reported or came to the notice of this court, the same shall be a reason to cancel the bail hereby granted.