Noufeek vs State Of Kerala

P.G. Ajithkumar, J

This is an application for bail filed under Section 439 of the Code of Criminal Procedure, 1973.

The petitioner is the accused in Crime No.686 of 2023 of North Town Police Station, Ernakulam. He allegedly had committed the offences punishable under Section 323, 324 and 308 of the Indian Penal Code, 1860.

The prosecution case is as follows:

At about 00.30 a.m on 14.04.2023, the defacto complainant and his friend Ajmal were standing in front of a restaurant at Deshabhimani Junction in Elamkulam village, chatting with each other. The petitioner had previous enmity towards the friends of the defacto complainant Ashkar and Nazakath. The petitioner approached them and brandished a knife towards Ashkar and Nazakath. The defacto complainant tried to intervene. In that course, the petitioner stabbed the defacto complainant causing him injuries. The petitioner slashed the knife towards the chest of the defacto complainant with the knowledge that his act would result death of the defacto complainant. Since the defacto complainant warded off, he could avoid fatal injury, but he sustained injury at his left hand.

Heard the learned counsel for the petitioner and the learned Public Prosecutor.

The petitioner would contend that he did not involve in the alleged crime and without any material or evidence, he has been implicated in the crime. He is innocent. The petitioner was arrested on 14.04.2023 and he has been in custody eversince. The investigation in the matter has been progressed considerably and there is no reason or justification for his further detention.

The learned Public Prosecutor would submit that considering the seriousness of the offence and the possibility of interfering with the investigation by the petitioner in the event of his release on bail, this petition deserves only to be dismissed.

No doubt, the offences alleged against the petitioner are serious in nature. He is in custody from 14.04.2023 and it is seen that investigation in the matter has been progressed considerably. Considering the aforesaid aspects and also the nature of the offence, I am of the view that further detention of the petitioner pending investigation is unnecessary. Therefore the petitioner is entitled to be released on bail.

In the result, the bail application is allowed and the petitioner is granted bail on his executing a bond for Rs.50,000/- (Rupees fifty thousand only), with two solvent sureties for the like amount each, to the satisfaction of the learned Magistrate, subject to the following conditions:

(i) The petitioner shall not influence or intimidate witnesses or tamper with evidence;

(ii) petitioner shall appear before the investigating officer as and when called for until filing the final report;

(iii) During the period of bail, petitioner shall not get involved in any other offence.

(iv) The petitioner shall surrender his passport before the learned Magistrate, and if he does not have a passport, he shall file an affidavit stating that fact.

(v) The petitioner shall not enter the territorial limits of jurisdictional court except to comply with the aforesaid conditions, till filing of the final report.

In case of breach of the bail conditions, the prosecution shall be at liberty to apply for cancellation of the bail before the jurisdictional court.