Midhun vs State Of Kerala

Bechu Kurian Thomas, J

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

Petitioner is the accused in Crime No.1224/2022 of Palode Police Station, Thiruvananthapuram District. The offences alleged against the petitioner are under sections 294(b), 341, 326 and 307 of the Indian Penal Code. 1860

According to the prosecution, on 13.10.2022, the accused had, due to previous enmity towards the defacto complainant, and with intent to commit murder, abused him and thereafter forcefully chopped on his head, neck and other parts of the body with a chopper and inflicted grievous injuries including fractures on the skull, nasal bone and eyebrow and thereby committed the offences alleged.

Sri.Sasthamangalam S.Ajith Kumar, learned Counsel for the petitioner contended that the entire prosecution allegations are false and the incident as alleged had never occurred. It was further submitted that petitioner was arrested on 14.10.2022 and that he has been in custody since then. It was also submitted that, petitioner is willing to abide by any conditions that may be imposed by this Court and shall participate in the trial without any fail. The learned Counsel also pointed out that the case has already been committed to the Sessions Court and numbered as S.C.No.385/2023 on the files of the Assistant Sessions Court, Nedumangad, where the possibility of an immediate trial is very remote

Smt.Sreeja.V. , learned Public Prosecutor opposed the grant of bail and submitted that petitioner is involved in six other criminal cases, all of which are very serious offences including an offence under Section 307 of the IPC. It was further submitted that, if the petitioner is released on bail, there is every chance of him committing the offences again, having regard to his criminal history. It was also submitted that even though the petitioner has been in custody since the date of his arrest, if the petitioner is released on bail, it would cause prejudice to the prosecution.

I have considered the rival contentions.

Petitioner was admittedly arrested on 14.10.2022 and has been in custody since then. The offences alleged against the petitioner are serious, and considering his criminal antecedents, no leniency ought to be shown. However, since the petitioner has already been in detention since 14.10.2022, I am of the view that further detention would amount to punishment before conviction. Even though the criminal antecedents of the petitioner are not honourable, taking note of the liberty of the individual, guaranteed by the Constitution of India, I am of the view that petitioner ought to be released on bail.

In the result, this application is allowed on the following conditions:-

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

(b) Petitioner shall co-operate with the trial of the case.

(c) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he attempt to tamper with the evidence.

(d) Petitioner shall not commit any similar offences while he is on bail.

(e) Petitioner shall not leave Kerala without the permission of the Court having jurisdiction.

In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law, notwithstanding the bail having been granted by this Court.