Pridhilal vs State Of Kerala

M.B.Snehalatha, J

The application is filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 by the sole accused in Crime No.967/2024 of Vadakkekara Police Station which is registered for the offences punishable under Sections 115(2), 118(1) and 110 of Bharatiya Nyaya Sanhita, 2023.

Prosecution case is that on 21.11.2024 at 6.00 p.m the accused who is the husband of the defacto complainant, stabbed on her head with scissors and caused injuries. Thereafter he inflicted injuries to the defacto complainant by hitting her with a key of the vehicle and helmet. Accused also gagged her mouth by stuffing cloths and attempted to commit culpable homicide not amounting to murder. Accused thereby committed the aforesaid offences.

Petitioner/accused wound contend that he is innocent and he has not committed any offence as alleged. The entire prosecution allegation is a fabricated story.

Accused was arrested on 22.11.2024 and he is in judicial custody since then. The investigation of the case is almost completed and further detention of the accused is not necessary. It is further submitted that he is ready to abide by any conditions which may be imposed by this Court in the event of granting bail.

The learned Public Prosecutor opposed the bail application and submitted that there are criminal antecedents against the petitioner.

Considered the rival contentions of the learned counsel for the petitioner/accused and the learned Public Prosecutor.

Heard the learned counsel for the petitioner/accused and the learned Public Prosecutor and considered the rival contentions. Prima facie there are materials revealing the involvement of the petitioner with the crime alleged.

Accused is in judicial custody from 22.11.2024. Regard being had to the period of detention undergone by the petitioner and also having regard to the progress made in the investigation, this Court is of the view that further detention of the accused is not necessary and it is possible to set out a smooth probe in this case by insisting complete co-operation and participation of the accused by imposing stringent conditions.

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

(1) The petitioner shall execute bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum before the Jurisdictional Court;

(2) The petitioner shall appear before the investigating officer on every Saturday between 09.00AM and 11.00AM for a period of three months or till the final report is filed, whichever is earlier;

(3) The petitioner shall not intimidate or influence the witnesses and shall co-operate with the investigation;

(4) The petitioner shall not leave India without without the permission of the Jurisdictional Court;

(5) The petitioner shall not enter into the house wherein the victim resides;

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