Muhammed Sabith. S vs State Of Kerala

Mohammed Nias C.P, J.

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

The petitioner is accused No.3 in Crime No.3257 of 2023 of Kalamassery Police Station, Ernakulam District, for having committed offences punishable under Sections 452, 308, 324 and 341 read with Section 34 of the Indian Penal Code.

The prosecution case is that on 02.11.2023 at 11.45 pm, all the accused shared a common intention to commit culpable homicide and trespassed into the tea shop of the defacto complainant and assaulted him and another person named Shefeeq with iron pipes. The first accused beat on the left side of the head of the defacto complainant with an iron pipe and he sustained injury on left and back side of his head. The first accused also beat one Shafeeq who was there in the shop. The second and third accused beat the defacto complainant and Shafeeq with iron pipes on their back and arms. The first accused warded off the beating of first accused and somehow evaded from the same, failing which, it would have claimed his life. Hence the accused is alleged to have committed the offences mentioned above.

The learned counsel appearing for the petitioner would say that the petitioner is totally innocent and falsely implicated with ulterior motives. At any rate, he points out that the petitioner is in custody from 3.11.2023, and continued custody of the petitioner is unnecessary.

The learned public prosecutor opposed the petition and points out that the petitioner is not entitled to get bail.

Considering the fact that the petitioner was arrested on 3.11.2023 and that the investigation is substantially over, there are no other antecedents reported against the petitioner and also, since there is no apprehension raised by the prosecution that if he is released on bail, the petitioner is likely to abscond, I hold that bail can be granted to the petitioner.

Accordingly, this application is allowed, and the petitioner is granted bail subject to the following conditions:-

(i) The 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;

(ii) The petitioner shall report before the Investigating Officer as and when required to do so.

(iii) The petitioner shall not tamper or attempt to tamper with the evidence or influence or try to influence the witnesses.

(iv) The petitioner shall not be involved in any other crime while on bail.

(v) If any of the conditions are violated, the court concerned shall be empowered to take steps for cancellation of bail as per law.