Sabareenath.E.R vs State Of Kerala

Bechu Kurian Thomas, J

This is an application for regular bail under section 439 of the Code of Criminal Procedure 1973.

Petitioner is the 5th accused in Crime No.591/2023 of the Kodungallur Police Station, Thrissur district. The offences alleged against the petitioner are under sections 341, 323, 324 and 308 r/w Section 34 of the Indian Penal Code, 1860.

According to the prosecution, the accused had on 15.04.2023 at 16.30 hours, attacked the first informant with a knife causing hurt to him and when another person tried to prevent the assault, he was also attacked with the knife and thereby the accused committed the offences alleged.

I have heard Sri.V.M.Krishnakumar, the learned counsel for the petitioner and Smt.Sreeja V., the learned Public Prosecutor.

Having heard the learned counsel for the petitioner as well as the learned Public Prosecutor, I am of the prima facie view that the allegations are serious and there are materials to connect the petitioner with the crime. However, since the petitioner was remanded to judicial custody on 18.05.2023 and considering the nature of the allegations, including overt acts against the petitioner, I am of the view that the continued detention of the petitioner is not required in the circumstances of the case, especially since the investigation is in the final stage. Therefore, the petitioner is entitled to be released on bail.

In the result, this application is allowed on the following conditions:-

(a) Petitioner shall be released on bail on him executing a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum before the Investigating Officer.

(b) Petitioner shall appear before the Investigating Officer as and when required.

(c) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence.

(d) Petitioner shall not commit any similar offences while he is on bail.

(e) Petitioner shall not leave India without the permission of the Court having jurisdiction.

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