Praveen @ Unni vs State Of Kerala

Bechu Kurian Thomas, J

This is an application for regular bail filed under Section 439 of the Code of Criminal Procedure, 1973.

Petitioner is the 1st accused in Crime No.469/2023 of Nemom Police Station, Thiruvananthapuram City, alleging offences punishable under Sections 294(b), 324, 452 and 308 r/w Section 34 of the Indian Penal Code 1860.

According to the prosecution, due to an enmity towards the defacto complainant, petitioner along with other accused trespassed into the house of the defacto complainant and inflicted cut injuries on his wrists and on the back of his hand and thereby committed the offences alleged.

Sri. Sabu.S, the learned counsel for the petitioner contended that, petitioner was arrested on 18.04.2023, and has been in custody since then. It was further submitted that the defacto complainant is a drug peddler and that petitioner and the other accused had questioned his illegal activity. It is also alleged that, due to the said questioning, petitioner has been roped in , in a false case.

Smt. Neema.T.V, the learned Public Prosecutor, opposed the application and submitted that the allegations are serious.

Having regard to the period of detention already undergone, as well as the nature of allegations raised against the petitioner, I am satisfied that this is a fit case where petitioner can be released on bail.

Accordingly, this application is allowed on the following conditions:-

a) Petitioner shall be released on bail on him 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 court having jurisdiction.

b) Petitioner shall co-operate with the trial of the case.

c) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he attempt to tamper with the evidence.

d) Petitioner shall not commit any similar offences while he is on bail.

e) Petitioner shall not leave the country without the permission of the jurisdictional Court.

In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law, notwithstanding the bail having been granted by this Court.