Rajeesh vs State Of Kerala

Shircy V, J

The petitioner, who is the sole accused in Crime No. 472 of 2021 of Viyyur Police Station registered for the offence punishable under Section 307 of the Indian Penal Code, has moved this application for his release on bail under Section 439 of the Code of Criminal Procedure.

The prosecution case is as follows:

On 26.02.2021 at about 4 p.m., this petitioner had attacked the defacto complainant with the intention to cause his death with a sword, a deadly weapon, and inflicted grievous injuries on his head due to his enmity towards him, and thereby committed the aforesaid offence.

The petitioner has been in custody since 26.06.2021.

The learned counsel for the petitioner has raised a plea of false implication.

The learned Public Prosecutor has submitted that the defacto complainant and the petitioner are siblings and they were residing in the very same house.

The defacto complainant, the elder brother of this petitioner, was attacked by him as he opposed and prevented him from using narcotic items. As an elder brother, he has just advised the petitioner to abstain from his bad habits. But that has provoked the petitioner and only on account of the same, he has attacked the defacto complainant. Now the defacto complainant has been discharged from the hospital though he sustained severe injuries in the attack by the petitioner. Now the investigation of the case is over and the investigating agency has filed final report before the jurisdictional Magistrate. Therefore, further detention of this petitioner may not be required and he can be released on bail.

Therefore, this application is allowed subject to the following conditions:

(i) The petitioner shall be released on bail on his executing a bond for a sum of Rs.1,00,000/- (Rupees One lakh only) with two solvent sureties for the like sum each to the satisfaction of the court having jurisdiction.

(ii) The petitioner shall co-operate with the trial of the case.

(iii) The petitioner shall not enter into the family house, where the defacto complainant is residing, for a period of three months.

(iv) The petitioner shall not enter into the jurisdictional limits of Viyyur Police Station for a period of three months.

(v) The petitioner shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or tamper with the evidence.

(vi) The petitioner shall not commit any offence while on bail.

In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with the law.