M.K. Sudhakaran vs State Of Kerala

Bechu Kurian Thomas, J

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

Petitioner is the accused in Crime No. 640 of 2022 of the Kunnathunadu Police Station, Ernakulam District alleging offences punishable under Sections 307, 324 and 506(ii) of the Indian Penal Code, 1860.

According to the prosecution, on 12.09.2022, at 5.00 p.m., the petitioner due to his previous animosity and with an intention to kill stabbed on the neck of the defacto complainant with a sharp knife, causing deep injuries and thereby committed the offences alleged.

Sri. K.S. Arunkumar, the learned counsel for the petitioner contended that, the entire prosecution case is false and that the incident as alleged had not occurred. The learned counsel also contended that, the defacto complainant had sexually assaulted and outraged the modesty of petitioner’s wife, while she was clearing the outgrown bushes in the premises of their house and that the petitioner had only questioned the defacto complainant about such a conduct. It was further submitted that petitioner was arrested on 13.09.2022 and has been in custody since then.

Smt. Nima Jacob, the learned Public Prosecutor opposed the grant of bail and contended that, the prosecution allegations are serious in nature and custodial interrogation is necessary.

A perusal of the case diary reveals that prima facie there are materials on record to connect the petitioner with the crime. However, since petitioner was remanded to judicial custody on 13.09.2022, I am of the view that the continued detention of the petitioner is not required, more so since the investigation is over and the final report has already been filed. Therefore, the petitioner is entitled to be released on bail.

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

(a) The petitioner shall be released on bail on his 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 court having jurisdiction.

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

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

(d) The petitioner shall not commit any similar offence while he is on bail.

(e) The petitioner shall not leave the country without the permission of the jurisdictional Court.

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.