Moosakutty vs State Of Kerala

M.B.Snehalatha, J

This Bail Application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, seeking regular bail.

The petitioner is the 3rd accused in Crime No.799/2024 of Vadakkancherry Police Station, Palakkad District. The above case is registered against the petitioner and others alleging offences punishable under Sections 452, 341, 323, 324, 326, 294(b) and 307 r/w 34 of the Indian Penal Code.

The prosecution case is that, on 22.06.2024 at 18.45 hours, the accused, due to the previous enmity towards the defacto complainant and in furtherance of their common intention to commit murder, criminally trespassed into the house of the defacto complainant, armed with deadly weapons like knife, stone and stick and thereafter inflicted grievous injuries to the defacto complainant. It is also alleged that the accused attacked the defacto complainant with stone, bear bottle and stick. A1 stabbed the defacto complainant with knife on his ribs. When the wife and the daughter of the defacto complainant intervened, the accused attacked them and caused injuries to them also. The petitioner/A3 is arrested on 03.12.2024 and since then he is in judicial custody.

Heard the learned counsel appearing for the petitioner and the learned Public Prosecutor.

The learned counsel appearing for the petitioner would contend that the petitioner/A3 is innocent that he was falsely implicated in this case and he has not committed any offence. Further it is contended that, he is the only breadwinner of the family. It is also contended that the investigation is almost over and therefore, no further detention is required. The counsel also submitted that the petitioner is ready to abide any condition which may be imposed by this Court, if this Court grant him bail.

Per contra, the learned Public Prosecutor contended that the offence alleged against the petitioner is very serious. The Public Prosecutor also submitted that the investigation in this case is over and the final report is filed before the court.

Having regard to the fact that the investigation is over and the final report is filed, this Court is of the view that the further detention of the petitioner/3rd accused is not necessary. Hence, the petitioner can be released on bail after imposing stringent conditions.

Therefore, this Bail Application is allowed with the following conditions:

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.

Petitioner shall not leave India without permission of the jurisdictional Court.

Petitioner shall not commit any offence while on bail.

The petitioner shall not intimidate or influence the victim.

If any of the above conditions are violated by the petitioner, the jurisdictional Court can cancel the bail in accordance with law, even though  the  bail  is  granted  by  this  Court.