Michael Das vs State Of Kerala

Gopinath P, J

The petitioner is the sole accused in Crime No.557/2023 of Mannancherry Police Station, Alappuzha District alleging commission of offences punishable under Sections 450, 341, 323, 324, 506 (2), 201 and 307 of the Indian Penal Code.

The allegation against the petitioner is that owing to animosity with the de facto complainant, the petitioner tresspassed into the house of the de facto complainant and attacked her with a knife, restrained her by sitting on her stomach and also pulled her by her hair. The petitioner is also alleged to have inflicted several stab injuries on the body of the de facto complainant. It is alleged that the petitioner and the de facto complainant were earlier living together. The petitioner allegedly attacked the de facto complainant as she had left him for another man.

The learned counsel appearing for the petitioner would submit that the petitioner is absolutely innocent in the matter. It is submitted that the petitioner has been in custody from 24-06-2023 and that further detention of the petitioner is not necessary for the purposes of investigation into the crime. It is submitted that final report has already been filed on 30-07-2023. It is submitted that the petitioner has no criminal antecedents and since he has completed nearly 86 days in custody, the petitioner may be directed to be released on bail.

The learned Public Prosecutor submits that the petitioner had brutally attacked the de facto complainant and caused several injuries to her using a knife. It is submitted that the allegations against the petitioner are serious and if released on bail there is every chance of similar offences being committed in future. However it is confirmed that no criminal antecedents are reported against the petitioner.

Having heard the learned counsel appearing for the petitioner and the learned Public Prosecutor, I am of the view that the petitioner can be granted bail subject to conditions. It is no doubt true that the allegations against the petitioner are serious. However, no criminal antecedents are reported against the petitioner. The petitioner has been in custody for nearly 86 days. Investigation has been completed and a final report has already been filed and therefore further detention of the petitioner is not necessary for the purpose of investigation. The apprehension of the learned Public Prosecutor that similar offences may be committed by the petitioner can be taken care of by imposing suitable conditions. Accordingly this bail application is allowed. The petitioner shall be released on bail, subject to the following conditions:-

(i) The petitioner shall execute bond for a sum of 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 appear before the investigating officer in Crime No.557/2023 of Mannancherry Police Station, Alappuzha as and when called upon to do so;

(iii) The petitioner shall not attempt to influence or intimidate the de facto complaint or any witness in Crime No.557/2023 of Mannancherry Police Station, Alappuzha;

(iv) The petitioner shall not enter local limits of Pathirapally Village until further orders;

(v) The petitioner shall not involve in any other crime while on bail.

If any of the aforesaid conditions are violated, the investigating officer in Crime No.557/2023 of Mannancherry Police Station, Alappuzha may file an application before the jurisdictional Court for cancellation of bail.