Rajendran vs State Of Kerala

Viju Abraham, J.

This is an application for regular bail.

The petitioner is the sole accused in Crime No.636/2022 of Parassala Police Station, Thiruvananthapuram District, alleging commission of offences punishable under Sections 294(b), 323, 324, 326 and 307 of Indian Penal Code.

The prosecution allegation is that, on 01.06.2022 at 3.30 pm, the accused attacked the defacto complainant at the courtyard of the accused, when the defacto complainant demanded the amount due to him from the accused, calling obscene words and inflicted injury using a chopper on the forehead and right shoulder of the defacto complainant and thereby committed the aforesaid offences.

4 .The learned counsel for the petitioner submitted that the petitioner is in custody from 16.10.2022 onwards. It is also submitted that a false case has been registered against him inasmuch as the alleged incident has occurred on 01.06.2022 and the complaint was preferred only on 07.06.2022 and that the delay is not explained.

The learned Public Prosecutor opposed the application for bail mainly contending that the defacto complainant asked the petitioner to return the money received by him to arrange a job to him. Then the petitioner attacked the defacto complainant with a chopper and he sustained a deep injury on the right side of his forehead. It is further submitted that the petitioner is not involved in any other crime.

Having regard to the facts and circumstances of the case, considering the nature of the allegations and considering the fact that the petitioner is a first time offender and he is in custody from 16.10.2022 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 a 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 C Crime No.636/2022 of Parassala Police Station, Thiruvananthapuram District 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.636/2022 of Parassala Police Station, Thiruvananthapuram District;

(iv) 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.636/2022 of Parassala Police Station, Thiruvananthapuram District may file an application before the jurisdictional court, for cancellation of bail.