Munner K And Ors vs State Of Kerala

This is an application seeking regular bail.

The applicants are accused 1 and 3 in Crime No.111/2021 of Tirur Police Station for having allegedly committed offences punishable under Sections 341,323,324,307 r/w 34 IPC .

The prosecution case, in brief, is that on 14.02.2021 at about 4 p.m., owing to previous enmity towards the de facto complainant, the applicants in furtherance of common intention wrongfully restrained the de facto complainant, and the 1st accused attacked him with dangerous weapon like a knife and stabbed him all over the body, knowing that it could cause his death. The third accused beat the de facto complainant with an iron rod. The de facto complainant sustained stab injuries above the eye and a penetrative wound measuring 5x4x2 c.m. and thus the applicants and the other accused attempted to commit murder.

The applicants state that they are innocent and the allegations are not true and that the injuries are not life threatening. They were arrested on 16.2.2021 and 15.2.2021, respectively, and hence, further detention may not be necessary.

Heard the learned counsel for the applicants and the learned Public Prosecutor.

The learned Public Prosecutor has opposed the application for bail stating that the first accused is a notorious criminal involved in 8 other crimes and that proceedings under Section 107 Cr.PC was also initiated against him in the year 2020. The earlier bail application was dismissed by this Court considering the antecedents of the applicants. The applicants have been in custody for some time now and the investigation has progressed well. Under the circumstances, I find that further detention of the applicant may not be necessary. Hence, they are entitled to be released on bail on stringent conditions.

In the result, the Bail Application is allowed and the applicants are directed to be released on bail on execution of a bond for Rs.50,000/- (Rupees fifty thousand only) each with two solvent sureties, each for the like amount to the satisfaction of the jurisdictional court and on the following conditions:

(i) They shall appear before the investigating officer on all Saturdays between 9 a.m. and 12 noon for a period of two months or till the filing of the final report, whichever is earlier.

(ii) They shall not attempt to influence or intimidate the witnesses or tamper with evidence.

(iii) They shall not get involved in similar offences during the currency of the bail.

In case of breach of any of the bail conditions, the prosecution shall be at liberty to approach the jurisdictional court seeking cancellation of the bail.