Pradeep vs State Of Kerala

Gopinath P, J

This is an application for regular bail.

The petitioner is the accused in Crime No.1312/2021 of Kuruppampady Police Station, alleging commission of offences under Sections 307 and 294(b) of the Indian Penal Code.

The allegation against the petitioner is that on 02.12.2021, the petitioner entered into an altercation with the de facto complainant and inflicted a stab injury with a knife below the left armpit of the de facto complainant.

The learned counsel for the petitioner submits that the altercation occurred at a Bar and several persons including the de facto complainant had thrown the petitioner out of the Bar for no reason whatsoever. It is submitted that the de facto complainant had suffered an injury on account of the above and the petitioner had not attacked the de facto complainant as alleged. It is submitted that the petitioner has been in custody for 101 days and that his continued detention is not necessary for the purposes of any investigation.

Heard the learned Public Prosecutor also.

The learned Public Prosecutor opposes the grant of bail. The circumstances of the case are pointed out from the record. The wound certificate of the de facto complainant is referred to show that the nature of the injuries suffered by the de facto complainant. It is also pointed out that the petitioner has criminal antecedents, though it is fairly admitted that none of the earlier cases registered against the petitioner relate to commission of similar offences.

Having  regard  to  the  facts  and  circumstances  of  the  case  and considering the fact that the petitioner has been in custody for 101 days, I am of the opinion that the petitioner can be granted bail subject to conditions. Since a final report has been filed in the matter, the continued detention of the petitioner is not necessary for the purposes of any investigation.

In the result, the bail application is allowed and it is directed that the petitioner shall be released on bail subject to the following conditions:

(i) Petitioner shall execute bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional court;

(ii) Petitioner shall appear before the investigating officer in Crime No. 1312/2021 of Kuruppampady Police Station, whenever called upon to do so;

(iii) The petitioner shall not attempt to influence or intimidate any witness in Crime No.1312/2021 of Kuruppampady Police Station ;

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

If any of the aforesaid conditions is violated, the investigating officer in Crime No. 312/2021 of Kuruppampady Police Station, may file an application before the jurisdictional court for cancellation of bail.