Raju vs State Of Kerala

Mohammed Nias C.P., J.

This application is filed under Section 439 of the Code of Criminal Procedure seeking regular bail.

The petitioner is the accused in Crime No.1351 of 2023 of Kadakkal Police Station, Kollam District, for having committed offences punishable under Sections 307, 324, 341 and 506(ii) of the Indian Penal Code.

The allegation against the petitioner is that on 26.08.2023 at about 18:00 hours at Kattadimoodu, on account of some enmity, the accused wrongfully restrained the husband of the defacto complainant and criminally intimidated him by threatening to kill him. Thereafter, the accused voluntarily caused hurt to the husband of the defacto complainant with a knife with the intention to kill him, and he sustained severe injuries on his stomach. Thereby, the accused had committed the aforesaid offences.

The learned counsel appearing for the petitioner would say that the petitioner is totally innocent and falsely implicated with ulterior motives. At any rate, he points out that the petitioner is in custody from 3.9.2023, and continued custody of the petitioner is unnecessary.

The learned public prosecutor opposed the petition and points out that the petitioner is not entitled to get bail.

Considering the fact that the petitioner also got injured, that the petitioner is in custody from 3.9.2023; and also since there is no apprehension raised by the prosecution that if he is released on bail, the petitioner is likely to abscond, I am inclined to grant bail to the petitioner despite the fact that there are antecedents reported against the petitioner before the year 2000.

Accordingly, this application is allowed subject to the following conditions:-

(i) The petitioner shall be released on bail on 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 jurisdictional court;

(ii) The petitioner shall report before the Investigating Officer as and when required to do so.

(iii) The petitioner shall not tamper or attempt to tamper with the evidence or influence or try to influence the witnesses.

(iv) The petitioner shall not be involved in any other crime while on bail.

(v) If any of the conditions are violated, the court concerned shall be empowered to take steps for cancellation of bail as per law.