Munseer vs State Of Kerala

A.Badharudeen, J

This is an application for regular bail filed under Section 439 of the Code of Criminal Procedure. The petitioner is the sole accused in Crime No.2090 of 2022 of Palluruthy Police Station.

Heard the learned counsel for the petitioner as well as the learned Public Prosecutor.

The prosecution case is that at 9.45 p.m on 21.12.2022, the accused assaulted the defacto complainant with intention to do away him. He also abused him and kicked him in this attempt. Further the accused caused hurt to the defacto complainant with a blade on his fore-head, below the left eye, chin, left ear and on the right side of the neck. On the above premise, the prosecution alleges commission of offences under Section 294(b), 308, 323, 324 and 506 of I.P.C.

While pressing for regular bail to the petitioner, who has been in custody from 21.12.2022, the learned counsel for the petitioner submitted that the allegations made against the petitioner are false. She also submitted that the investigation requiring the custody of the petitioner is practically over and, therefore, he is liable to be released on bail.

Whereas the learned Public Prosecutor vehemently opposed grant of bail. It is submitted by the learned Public Prosecutor that multiple injuries were caused to the defacto complainant by the accused and the wound certificate shows the injuries as under:

(1) Lacerated wound 6 X 1 cm size forehead

(2) Lacerated wound 10 X 3 X 4 cm penetrating deep into

(3) Lacerated wound 7 X 2.

She also submitted that the petitioner herein is a person having criminal antecedents and he had involved in 6 crimes. The crimes are as under:

i) Cr.1864/2015 under Sections 323, 324, 341, 34 IPC of Palluruthy Police Station.

ii) Cr. 1661/2019 under Section 294(b), 323, 34 IPC of Palluruthy Police Station.

iii) Cr 175/2014 under Section 279 IPC 185 MV Act of Palluruthy Police Station.

iv) Cr.175/2014 under Section 279 IPC 185 MV Act of Palluruthy Police Station.

v) Cr.998/2015 under Section 279 IPC 185 MV Act of Palarivattom Police Station.

vi) Cr.199/2021 under Section 6(b) COTPA of Mattancherry Police Station.

I have gone through the photograph of the defacto complainant placed as part of the case diary. The same shows the gravity of the injuries, as stated in the wound certificate.

However, it is noticed that his antecedents are in relation to minor offences. The attitude of the petitioner in involving repeated crimes is noted with extreme displeasure. Having noticed his custody from 21.12.2022 and the progress of the investigation, he can be enlarged on bail on specific condition that he shall not involve or indulge in any other crime during the currency of bail hereby granted and any such involvement is a reason to cancel the bail hereby granted.

In the result, this petition shall stand allowed on the following conditions:

i. Having noticed his custody from 22.12.2022 and the progress of the investigation, 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.

iii. Accused/petitioner shall appear before the Investigating Officer on all Wednesdays in between 9 a.m and 12 noon for a period of two months, after his release and failure to comply with the said direction by itself is reason to cancel the bail hereby granted.

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

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