Rahul Rajan vs State Of Kerala

Viju Abraham, J.

This is an application for regular bail.

The petitioner is the sole accused in Crime No.823/2022 of Pathanamthitta Police Station. The offence alleged against petitioner is under Sections 341, 294(b), 506, 324 and 307 of the Indian Penal Code.

The prosecution allegation is that, on 10/05/2022, at 8.00 PM, the accused attempted to commit murder on defacto complainant by stabbing on his head and forehead with a knife after wrongfully restrained him near to the house of defacto complainant at Nattukadavu and thereby he sustained incised wound on his face, left mussel portion and left side of his back and thereby the accused committed the aforesaid offences.

4 .The learned counsel for the petitioner submitted that the petitioner was arrested on 12.05.2022 and that he is continuing in custody. Though the petitioner moved an application for bail before the Judicial First Class Magistrate I, Thiruvalla, the same was dismissed as per Annexure A3. The case of the petitioner is that he has been falsely implicated in the above crime and in fact it is the defacto complainant who has attacked the petitioner herein and the petitioner filed a complaint before the Thiruvalla police station regarding the incident and the police has registered an FIR with crime No.838/2022 against the defacto complainant and his friends. The FIR registered in the said crime is produced as Annexure A4. It is also contended by the learned counsel for the petitioner that the petitioner sustained injury to his head in the said incident and due to complication due to the same, he has now been admitted in the Medical College hospital, Alleppey, by the Jail authorities.

The learned Public Prosecutor seriously opposed the bail application mainly contending that the petitioner is involved in several other crimes and the offence alleged against him are severe.

Having regard to the facts and circumstances of the case, considering the nature of the allegations and considering the fact that the petitioner is in custody from 12.05.2022 onwards, I am inclined to grant bail to the petitioner subject to stringent conditions. In the result, the bail application is allowed. It is directed that the petitioner shall be released on bail, subject to the following conditions:

(i) 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 to the satisfaction of the jurisdictional court;

(ii) Petitioner shall appear before the investigating officer in Crime No. 823/2022 of Pathanamthitta Police Station on every Saturday at 11 am, until filing of final report;

(iii) The petitioner shall not attempt to interfere with the investigation or to influence or intimidate the defacto complainant or any witness in Crime No.823/2022 of Pathanamthitta Police Station ;

(iv) The petitioner shall not enter the local limits of the Pathanamthitta police station where the defacto complainant is residing except for the purpose of complying with condition No.(ii) above;

(v) The petitioner shall surrender his passport before the jurisdictional court. If the petitioner does not have a passport, he shall execute an affidavit to that effect and file the same before the said court within seven days of release on bail;

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

If any of the aforesaid conditions are violated, the investigating officer in Crime No.823/2022 of Pathanamthitta Police Station may file an application before the jurisdictional court, for cancellation of bail.