Nitheesh 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 3rd accused in Crime No.949 of 2023 of Naruvamoodu police station for having committed offences punishable under Sections 452, 341, 294(b), 307, 326, 427 read with Section 34 of IPC.

The allegation against the petitioner is that on 22.07.2023 at about 5.00 p.m., the accused persons, 3 in number, trespassed into the house of the defacto complainant with dangerous weapons and attacked the defacto complainant and his family members and tried to kill them. When the defacto complainant fell by the attack of the 1st accused, the petitioner stamped on his stomach and back repeatedly, thus causing injuries to the complainant, and thereby, the petitioner 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 28.07.2023, 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 fact that the petitioner has been undergoing incarceration since 28.07.2023, the fact that the overt act is specifically alleged against the 1st accused since the prosecution raises no apprehension 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.