Mohammed Rafi vs Station House Officer

Gopinath P., J

This is an application for regular bail.

The petitioner is the accused in Crime No.40 of 2021 of Kavaratti Police Station, Lakshadweep, alleging commission of offence under Section 307

of the Indian Penal Code. The allegation against the petitioner is that on 23.12.2021 at about 11.30AM, the accused attacked the de-facto complainant

with a broken glass and inflicted injury on his neck with the intention and knowledge that such injury may cause the death of the de-facto complainant.

The learned counsel for the petitioner submits that the petitioner is running a hotel by the name 'Mubarak' at Kavaratti. It is submitted that the de-

facto complainant is a habitual offender involved in many cases involving the NDPS Act, the Abkari Act and various provisions of Indian Penal Code.

It is submitted that on the day in question, the de-facto complainant had entered the hotel of the petitioner fully intoxicated and had started smoking. It

is submitted that the de-facto complainant was driven out of the shop. It is submitted that the de-facto complainant had fallen down because he was

fully intoxicated and he had suffered the injury on account of his fall.

4 The learned Standing Counsel for the Lakshadweep Administration submits that the investigation in the matter is only at the preliminary stage. It is

submitted that he has no instruction as to whether the de-facto complainant is accused in any other case. It is submitted that the grant of bail to the

petitioner at this stage may affect the progress of investigation. Reference is made to the wound certificate in respect of the de-facto complainant to

submit that serious injuries were caused to the de-facto complainant owing to the attack by the petitioner. It is pointed out that the grant of bail at this

stage may not be conducive to a successful prosecution of the petitioner.

Having heard the learned counsel for the petitioner and the learned Public Prosecutor and considering the fact that the petitioner has been in

custody for 33 days, I am of the opinion that the petitioner can be granted bail, as his continued detention may not be necessary for the purpose of any

investigation. I am also of the opinion that to ensure that the investigation is not affected in any manner, the petitioner can be required to report before

the investigating officer in Crime No.40 of 2021 of Kavaratti Police Station, as and when called upon to do so.

In the result, this bail application is allowed and it is directed that the petitioner shall be released on bail subject to the following conditions:

(1) The petitioner shall execute bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties for the like sum to the satisfaction of the

Jurisdictional Court;

(2) Petitioner shall report before the investigating officer in Crime No.40 of 2021 of Kavaratti Police Station, Lakshadweep, as and when called upon to do so;

(3) The petitioner shall not leave Kavaratti Island without obtaining permission in writing from the investigating officer in Crime No.40 of 2021 of Kavaratti Police

Station, Lakshadweep;

 (4) The petitioner shall not attempt to interfere with the investigation or to influence or intimidate the de-facto complainant or any witness in Crime No.40 of 2021 of

Kavaratti Police Station, Lakshadweep;

(5) 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.40 of 2021 of Kavaratti Police Station, Lakshadweep, may file an

application before the Jurisdictional Court for cancellation of bail.