Prajeesh vs State Of Kerala

P.V.Kunhikrishnan, J.

The petitioner is the 1st accused in Crime No.334 of 2022 of Alathur Police Station. Above case is registered alleging offences punishable under Sections 323 and 308 read with 34 IPC.

The prosecution case is that on 18.04.2022, at 5.15 pm, the de facto complainant and his friends were watching the festival at Kurumba Bhagavathi temple, Pullode. Due to previous vengeance, the accused 1 and 2 in furtherance of their common intention, voluntarily caused hurt to the de facto complainant and his fiend by beating them using hands. It is alleged that accused No.1 with the intention to commit culpable homicide, stabbed on the chest and the back of Renjith using knife and thereby the accused committed the offence.

Heard the counsel for the petitioner and the Public Prosecutor.

The counsel for the petitioner submitted that the petitioner is in custody from 22.04.2022. This Court rejected the bail application of the petitioner as per order dated 06.05.2022 in BA No.3352 of 2022 and now the petitioner is in custody for more than one month. The counsel submitted that the petitioner is ready to abide any conditions, if this Court grant him bail.

The learned Public Prosecutor seriously opposed the bail application. The Public Prosecutor made available the medical records, which shows that the injured sustained serious injuries. The Public Prosecutor submitted that this Court may not release the petitioner on bail at this stage.

This Court considered the contentions of the petitioner and the Public Prosecutor. It is true that the allegation against the petitioner is very serious. It is also true that the victim sustained serious injuries. But indefinite incarceration of the petitioner may not be necessary in the facts and circumstances off the case. But there can be a direction to the petitioner not to enter the jurisdictional limit of the Alathur Police Station, till the final report is filed in Crime No.334 of 2022. The petitioner will give the address and phone number about the place where he is going to reside before release to the jurisdictional Court and to the Investigating Officer. With the above conditions, this bail application can be allowed.

Therefore, the bail application of allowed in the following manner:

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.

The petitioner shall not enter the jurisdictional limits of Alathur Police Station till final report is filed in Crime No.334 of 2022. The petitioner shall furnish the phone number and the details of the place where he will reside during the above period to the jurisdictional Court and to the investigating officer.

The petitioner shall not leave India without permission of the jurisdictional Court.

The petitioner shall not commit any offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.

If any of the above conditions are violated by the petitioner, the jurisdictional Court can cancel the bail in accordance to law, even though the bail is granted by this Court. The prosecution and the victim are at liberty to approach the jurisdictional Court to cancel the bail, if there is any violation of the above conditions.