Nasar @ Kunjumon vs State Of Kerala

Viju Abraham, J

This is an application for regular bail.

Petitioner is the 2nd accused in Crime No.444 of 2022 of the Anchuthengu Police Station, Thiruvananthapuram District registered alleging commission of offences punishable under Sections 294(b), 307, 323, 324, 326 and 341 read with Section 34 of the Indian Penal Code.

The prosecution allegation against the petitioner is that due to prior animosity towards the brother of the defacto complainant on 11.10.2022 at about 8.30 p.m. the petitioner along with the 1st accused restrained the defacto complainant while he was going in a motor bike to his house. When the defacto complainant stopped the motor bike, the 1st accused abused him and attempted to assault him with a knife. It was evaded by the defacto complainant and caused injury to the middle finger of the left palm. At that time, the petitioner allegedly fisted on the left cheek of the defacto complainant. On getting knowledge about the same, the brother of the defacto complainant came there and the 1st accused stabbed him with a knife and caused grievous hurt to the right palm of the brother of the defacto complainant. It is alleged that the 3rd accused pelted metal piece to the defacto complainant and caused injuries to his lips and thus the accused have committed the abovesaid offences.

Petitioner submits that he has been falsely implicated in the abovesaid crime and is in custody from 11.10.2022 onwards. Learned counsel for the petitioner submitted that the 1st accused is already released on bail and that the petitioner has no other criminal antecedents.

Learned Public Prosecutor though opposed the application for bail upon instructions submitted that the petitioner has no other criminal antecedents.

Considering the facts and circumstances of the case and also taking into consideration the fact that petitioner is in custody from 11.10.2022 onwards and that he has no other criminal antecedents, I am inclined to grant bail to the petitioner. In the result, the bail application is allowed. It is directed that the petitioner shall be released on bail subject to the following conditions:

(i) The petitioner shall execute 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) He shall appear before the investigating officer in Crime No.444 of 2022 of the Anchuthengu Police Station, Thiruvananthapuram District on all Saturdays at 11.00 a.m. until filing of final report.

(iii) He shall not attempt to interfere with the investigation or to influence any witness in the abovesaid crime.

(iv) He shall not involve in any other crime while on bail.

If  any  of  the  aforesaid  conditions  are  violated,  the investigating officer in Crime No.444 of 2022 of the Anchuthengu Police Station, Thiruvananthapuram District may file an application before the jurisdictional court, for cancellation of bail.