Prajith P Nair vs State Of Kerala

The applicant is the 3rd accused in Crime No.2056 of 2019 of Thiruvalla Police Station, Pathanamthitta, for having allegedly committed offences

punishable under Sections 308 and 324 read with Section 34 of the IPC. The prosecution case, in brief, is this:

On 19.06.2020 at about 9.00 PM, the applicant in furtherance of common intention, with three other accused, attacked the defacto complainant with

a dangerous weapon like a surgical blade, which was wielded by the applicant, as a result of which, the defacto complainant sustained an incised

wound on his shoulder, which could have proved fatal and thus, the applicant and the other accused attempted to commit culpable homicide. The

applicant was arrested on 29.10.2020 and remanded to judicial custody. The surgical blade which was allegedly used by him as a weapon to attack the

defacto complainant has already been seized. The applicant was also subjected to custodial interrogation. The applicant states that his detention in the

jail is no longer required and therefore, he may be granted bail.

Heard the learned counsel appearing for the applicant and the learned Public Prosecutor. The learned Public Prosecutor points out that the

applicant has criminal antecedents. He is involved in another crime for an offence punishable under Section 308 IPC of this year. And, therefore, he

may not be granted bail pleads the prosecutor. If he is released on bail, there is every possibility that he may commit offences of similar nature.

After having heard the submissions made on both sides and the facts and circumstances of this case and on perusal of records, I find that the

applicant, who has inflicted the injury on the defacto complainant was arrested on 29.10.2020 and he has already undergone custodial interrogation and

the weapon which he had used has been recovered. Under the circumstances, no purpose would be served by further detention of the applicant. It is

true that he has got criminal antecedents. And, therefore, stringent conditions can be imposed on him.

In the result, the application is allowed and the applicant is directed to be released on bail on the execution of a bond for Rs.50,000/-(Rupees Fifty

thousand only), with two solvent sureties, each for the like amount to the satisfaction of the jurisdictional court and on following further conditions:

(i) He shall appear before the Investigating Officer on all Saturdays days between 9.00 AM and 12.00 PM for a period of three months or till filing of

the final report whichever is earlier.

(ii) He shall surrender his passport before the Investigating Officer and if he does not have one, file an affidavit to that effect, which shall be produced

before the jurisdictional court.

(iii) He shall not intimidate or influence witnesses and tamper with evidence.

(iv) He shall not get involved in similar offences during the currency of the bail period.

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

The bail application is allowed.