Paul Xavier 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.1117 of 2023 of Sakthikulangara Police Station, Kollam District, for having committed an offence punishable under Section 307 read with Section 34 of the Indian Penal Code.

The prosecution case is that due to previous animosity, the accused had towards the brother of the informant, on 25.6.2023 at about 11.52 p.m., the petitioner with an intention to commit murder of the brother of the informant viz., Jose, hit him with a stalk of plantain fruit and thereafter using a stone pelted at the head of Jose causing serious injury to his head and thereby alleged to have committed offences punishable under Section 307 IPC.

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 since 27.8.2023, 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 bail.

After having considered the submissions of the learned counsel for the petitioner and the learned Public Prosecutor and considering the fact that major portion of the investigation is over and that, he has been in custody since 27.8.2023 and also since there is no apprehension raised by the prosecution that if 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 directed.

(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 will be empowered to take steps for cancellation of bail as per law.