Muhammedkutty 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 the accused in Crime No.1230 of 2023 of Perinthalmanna police station for having committed offences punishable under Sections 447 and 307 of IPC.

The allegation against the petitioner is that on 31.08.2023 at about 9.30 a.m. at Puthur Kombakkal Kunnu, due to previous enmity towards the defacto complainant, the accused trespassed into his property and tried to assault him on his neck using a hatchet, with an intention to kill him. The attack of the accused was somehow evaded by the defacto complainant, thereby resulting in injuries on his left ear and on the upper portion of the neck. 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 07.09.2023, 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.

After having considered the submissions of the learned counsel for the petitioner and the learned Public Prosecutor, taking into account the alleged injuries inflicted on the victim, the fact that the petitioner has been in custody since 07.09.2023 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.