Prasad @ K.C.Babu 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.519 of 2023 of Mangalam Dam Police Station, Palakkad District. He allegedly had committed the offences punishable under Sections 341, 324 and 308 of the Indian Penal Code, 1860.

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

The prosecution case is as follows:- At about 7.30 P.M on 21.11.2023, the petitioner went to the house of the defacto complainant on his request in order to have a discussion on the subsisting dispute between them. Since, the discussion turned out to be a quarrel and as a result, the petitioner pushed the defacto complainant aside and assaulted him using a chopper at his head and chest. When he tried to prevent, the petitioner blew again using the chopper, resulting grievous injuries at his hand. The further allegation is that, the petitioner assaulted the brother of the defacto complainant, who intervened, causing him also injured.

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 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 the petitioner interfering with the investigation, in the event of his release on bail, this petition deserves only to be dismissed.

From Annexures 3 and 4 it is seen that, there exists civil dispute between the parties. In connection with such a dispute the settlement talk took place. The incident had occurred at the house of the petitioner. Having considered the submissions at the Bar and perused the materials on record, the possibility of occurring the incident following the heat of quarrel ruled out. However, the petitioner cannot have any justification for attacking the defacto complainant and his brother using a chopper, and inflicting injuries. It is submitted by the learned counsel for the petitioner that the petitioner also sustained injuries during the incident. The petitioner has been in custody since 24.11.2023. Therefore, the investigation would have reached its final stage. In the circumstances, I am of the view of further detention of the petitioner pending the investigation is unnecessary. Therefore, the petitioner is entitled to be released on bail subject to strict conditions.

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) He shall not influence or intimidate witnesses or tamper with evidence;

(ii) He shall appear before the investigating officer as and when called for; and

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

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.