Ratheesh @ Prabhu vs State Of Kerala

Ziyad Rahman A.A., J

This is an application filed u/s 439 of the Code of the Criminal Procedure seeking regular bail.

The petitioner is the 1st accused in Crime No.636 of 2023 of Ottappalam Police Station, which was registered for the offences punishable under Sections 341, 323, 324, 307, 294(b) r/w Section 34 of the Indian Penal Code.

The prosecution case is that on 25.06.2023 at about 6.30 PM, the accused, due to previous enmity towards the de facto complainant, wrongfully restrained the car driven by the him and the petitioner/1st accused caught hold of the shirt, dragged him out of the car, slapped and stabbed him with a knife on the buttocks. Crime was registered in such circumstances and as part of the investigation, the petitioner was arrested on 06.07.2023. Since then, he has been under judicial detention. This application for regular bail is submitted in such circumstances. Even though the petitioner earlier approached this Court by filing an application for bail, same was dismissed as per Annexure-A order.

Heard  Sri.B.H.Mansoor,  learned  counsel  for  the petitioner and Sri.Jacob E.Simon, learned Public Prosecutor for the State.

I have carefully gone through the records. It is true that there are specific overt acts alleged against the petitioner and he was also involved in four other cases. However, it is a fact that the petitioner has been under judicial detention since 06.07.2023 and the investigation in this case is also over. Earlier application was dismissed mainly taking note of the criminal antecedents and also the fact that the investigation in this case was in progress. Now the final report has been submitted. The trial of the case is likely to be take some time as well. In such circumstances, I am of the view that the petitioner can be granted bail with stringent conditions to ensure that, he is not influencing or intimidating any of the witnesses.

In the result, this bail application is allowed with following conditions:

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

(ii) The petitioner shall appear before the investigating officer as and when required.

(iii) The petitioner shall not commit any offence of similar nature while on bail.

(iv) The petitioner shall not make any attempt to contact any of the prosecution witnesses, directly or through any other person, or in any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation.

(v) The petitioner shall not leave India without the permission of the trial Court.

In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation of bail, if any, and pass appropriate orders in accordance with the law.