Sabu Chellapan 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.1049/2023 of Manarcadu police station, Kottayam, for having committed offences punishable under Sections 341, 324, 307 and 506 of the Indian Penal Code.

The prosecution case is that on 20.10.2023 at about 10.15 a.m, at a place namely Manarcadu, the petitioner had inflicted multiple cut injuries on the body of the defacto complainant with the intention to do away with him.

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 from20.10.2023, and continued custody of the petitioner is unnecessary.

The learned Public Prosecutor opposed the petition.

After  having  considered  the  submissions  of  the learned counsel for the petitioner and learned Public Prosecutor and considering the fact that he has been in custody since 20.10.2023and no other antecedents are reported against the petitioner since there is no apprehension raised by the prosecution if released on bail the petitioner is likely to abscond, I hold that bail can be granted to the petitioner.

Accordingly, this application is allowed, and the petitioner is granted bail 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 directed

(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 or leave the Country without the prior permission of the Court concerned.

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