Muhammed Mirza L.K vs State Of Kerala

A.Badharudeen, J.

This is an application for regular bail filed, under Section 439 of the Criminal Procedure Code, by the petitioner, who is the sole accused in Crime No.12/2023 of Kasaragod Police Station.

Heard the learned counsel for the petitioner and the learned Public Prosecutor. Perused the case diary materials placed by the learned Public Prosecutor.

The prosecution case is that at about 8.45 p.m on 06.01.2023 the accused, due to previous animosity, wrongfully restrained the defacto complainant at Kunnil CNN Bus Stop in Thalangara village and caused stab injuries to him by using iron rod and attempted to commit culpable homicide, not amounting to murder. On this premise, the prosecution alleges commission of offences punishable under Sections 341, 324, 308 and 326 of Indian Penal Code.

The learned counsel for the petitioner canvassed regular bail on the submission that the petitioner is innocent. It is submitted further that the petitioner has no criminal antecedents and he has been in custody from 07.01.2023 onwards. Since the custody of the petitioner for the purpose of investigation and recovery is over, he is liable to be released on bail.

Whereas the learned Public Prosecutor opposed the bail plea by highlighting the seriousness of the offences as well as the primitive stage of investigation.

I have perused the case diary materials placed by the prosecution to appraise the rival arguments. In this case, the allegation against the petitioner is that he has caused stab injury to the defacto complainant with intention to do away him on the allegation that the defacto complainant spread false news in relation to one Shanib, who is a friend of the accused. It is relevant to note that initially offence under Section 326 was not incorporated. Thereafter, the said offence also was incorporated by resorting to the illustation as item 8 to Section 320 of I.P.C.

In so far as the petitioner is concerned, no criminal antecedents reported. Since the investigation requiring the petitioner in custody is practically over and viewing the fact that the petitioner is a first time offender, he can be released on bail on the following conditions:

i. Accused/petitioner shall be released on bail on his executing bond for Rs.50,000/- (Rupees Fifty Thousand Only) with two solvent sureties each for the like amount to the satisfaction of the jurisdictional court concerned.

ii. Accused/petitioner shall not intimidate the witnesses or tamper with evidence. He shall co-operate with the investigation and shall be available for trial. He shall visit the Investigating Officer on every Monday in between 9 a.m and 12 noon for a period of two months and also appear before the Investigating Officer as and when directed.

iii. Accused/petitioner shall not leave India without prior permission of the jurisdictional court.

iv. Accused/petitioner shall not involve in any other offence during the currency of bail and any such event, if reported or came to the notice of this Court, the same shall be a reason to cancel the bail hereby granted.