Nithin Pothan Mathew vs State Of Kerala

Mohammed Nias C.P., J

This is an application filed under Section 439 of the Code of Criminal Procedure seeking regular bail.

The petitioner is the accused in Crime No. 762/2023 of Chengannur Police Station for having committed offences punishable under Sections 294(b), 323, 341, 427, 506(ii), and 308 of IPC.

The prosecution allegation is that, due to animosity that the defacto complainant questioned the accused for abusing and threatening the defacto complainant's friend, the petitioner, on 01.07.2023 at 4.00 p.m, attacked the defacto complainant while he was standing in front of the shop, with a cycle chain, on his head, tried to strangle the defacto complainant with the chain tried around his neck, and thereby committed the aforesaid offences.

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 final report

has already been submitted, and since the petitioner has been in custody from 10.07.2023, and continued custody of the petitioner is unnecessary.

The learned public prosecutor opposed the petition and pointed 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 offences committed by the petitioner and the fact that the petitioner has been in custody from 10.07.2023, also since 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:-

(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 involve 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.