Mejo Jose vs State Of Kerala

Mohammed Nias C.P.J

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

The petitioner is the first accused in Crime No.1105/2022 of Ernakulam South Police Station, Ernakulam, for having committed offences punishable under Sections 341, 323, 324, 308 and r/w Section 34 of the Indian Penal Code.

The allegation against the petitioner is that, on 29.09.2022 at 11.30 p.m., the petitioner and the co-accused shared a common intention and wrongfully restrained and attempted to commit culpable homicide by beating with a helmet. The incident took place at Ernakulam. A3 pushed him down, A2 fisted on his chest several times, and A3 beat him with a helmet, but he somehow managed to escape by evading but sustained an injury on his head and thus committed the above offences.

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 has been in custody since 03.07.2023, 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 learned Public Prosecutor and considering the nature of the allegations against the petitioner, and the fact that he has been in custody since 03/07/2023, that no apprehension being raised by the prosecution that if released on bail the petitioner is likely to abscond, that no other criminal antecedents have been reported against the petitioner, accusations against the petitioner and the alleged injuries inflicted, I am inclined to grant bail under such circumstances. 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 every Saturday between 9 a.m. and 10 a.m. till the final report is laid;

(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 will be empowered to take steps for cancellation of bail as per law.