Manjulal 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.593 /2023 of Mararikulam police station, Alappuzha, for having committed offences punishable under Sections 324 and 308 r/w 34 of the Indian Penal Code.

The allegation against the petitioner is that on 29.07.2023, at about 10.00 p.m., due to a previous vendetta against the defacto complainant, the 1st accused and two others attacked the defacto complainant using a knife. Hence, the accused are 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. It is also submitted by the counsel for the petitioner that the petitioner was attacked by the defacto complaint much before the alleged incident in this case, and the crime has been registered against the defacto complainant. At any rate, he points out that the petitioner is in custody from 30.07.2023, and continued custody of the petitioner is unnecessary.

The learned public prosecutor opposed the petition.

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 and the fact that the petitioner has been in custody since 30.07.2023 and that the final report is already filed and accused Nos. 2 and 3 have been granted bail, as per orders dated 09.08.2023 in Crl. M.P.No.3396/2023 and in Crl. M.P.No.3408/2023 dated 11.08.2023, by the Court concerned, and 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. It is also to be noted that no other criminal antecedents have been reported against the petitioner. Accordingly, this application is allowed, and the petitioner is granted bail subject to the following conditions:-

(i) The petitioner shall be released on bail on 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 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.

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