Musthafa 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.454 of 2023 of Ponnani police station, Malappuram, for having committed offences punishable under Sections 447, 341, 323, 324, 326, 307, 427 r/w 149 of IPC.

The allegation against the petitioner is that on 1-5-2023, the petitioner, along with the other accused on account of a previous enmity, came in a car at about 2.30 p.m. and assaulted the defacto complainant by using a reaper and a knife and thereby the defacto complainant sustained grievous injuries. Hence, the accused are 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 7.9.2023 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 and considering the nature of the overt act alleged against the petitioner, the fact that the first accused has been granted regular bail by this Court in B.A.No.3737/2023 dated 16.05.2023, the fact that and all other accused except the petitioner was granted anticipatory bail by this Court in B.A.No.3622/2023 dated 24.05.2023, the fact that petitioner is in custody from 07.09.2023, that 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:-

1.The petitioner shall be released on bail on executing 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;

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

3.The petitioner shall not tamper or attempt to tamper with the evidence or influence or try to influence the witnesses.

4.The petitioner shall not involve in any other crime while on bail.

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