High CourtsSingle Bench

Raveesh vs State Of Kerala And Ors

High Court Of Kerala · Decided on 22 February 2021 · Citation: (2021) 02 KL CK 0046

HON’BLE JUDGES
Ashok Menon, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 439 · Indian Penal Code, 1860 — Section 294(b), 307, 324, 447
RESULT
Allowed
CASE NUMBER
Bail Application No. 1882 Of 2021
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Judgment

20 paragraphs · 419 words
1.

Application for regular bail under Section 439 of Cr.P.C. The applicant is the sole accused in Crime No.1917/2020 of Sooranadu Police Station,

Kollam for having allegedly committed offences punishable under Sections 447, 294(b), 324 and 307 of IPC.

2.

The prosecution case, in brief, is that on 30.12.2020 at about 5 p.m. the applicant allegedly trespassed into the courtyard of the de facto complainant

armed with knife and stabbed her son with knife causing penetrating injuries on his abdomen and thus attempted to commit murder.

3.

The applicant states that allegations are not true and that it is the de facto complainant's son, who in a inebriated condition quarreling with the wife

of the applicant and created nuisance in the locality. He trespassed into the house of the applicant armed with knife and it was in the scuffle that

ensued, the de facto complainant's son got injured somehow. The applicant is not involved in any other crime. He is willing to cooperate with the

investigation and therefore seeks regular bail. The applicant had earlier approached this Court for anticipatory bail by filing B.A No.776/2021 and the

same was disposed with a direction to the applicant to surrender before the investigating officer. Accordingly, he surrendered before the investigating

officer on 18.02.2021 and his bail application filed before the jurisdictional court was dismissed. Therefore, he seeks indulgence of this Court.

4.

Heard the learned counsel for the applicant and the learned Public Prosecutor.

5.

The learned Public Prosecutor admits that the applicant has no criminal antecedent. The injuries though penetrating wounds caused with a knife are

not life threatening and the de facto complainant's son was hospitalized only for two days and thereafter discharged having cured. The applicant has

no criminal antecedents. Moreover, recovery of the weapon is already complete and hence further detention of the applicant may not be necessary.

The Bail Application is allowed and the applicant is directed to be released on bail on execution of bond for Rs.50,000/-(Rupees fifty thousand only)

with two solvent sureties, each for the like amount to the satisfaction of the jurisdictional court and on following conditions:-

(i) He shall not get involved in similar cases during the currency of the bail.

(ii) He shall appear before the investigating officer as and when called for.

(iii) He shall not tamper with evidence, intimidate or influence the witnesses .

In case of violation of the bail conditions, the prosecution is at liberty to move for cancellation of the bail before the jurisdictional court.