Sachin Joseph vs State Of Kerala

Viju Abraham, J.

This is an application for regular bail.

The petitioner is the accused in Crime No.927/2022 of Koratty Police Station, Thrissur District, alleging commission of offences punishable under Sections 324 and 307 of the Indian Penal Code.

The prosecution allegation is that, on 23.10.2022, at 7.30 pm, the accused with an intention to commit murder, attacked the defacto complainant and his friend with a knife and the defacto complainant sustained injuries on his abdomen and left thigh and his friend sustained injury on his abdomen and thus committed the aforesaid offences.

4 .The learned counsel for the petitioner submitted that the petitioner has been falsely implicated in the above said crime. Even though the petitioner moved an application seeking anticipatory bail before this Court, the same was rejected as per order dated 08.11.2022 in B. A. No.8521/2022, with a direction to the petitioner to surrender and seek for bail. Consequent to that order, the petitioner has surrendered and he is in custody from 15.11.2022 onwards. It is also submitted that the petitioner has no other criminal antecedents.

The learned Public Prosecutor seriously opposed the bail application mainly contending that in the attack by the petitioner, the defacto complainant as well as his friend sustained stab injuries, but submitted that the petitioner has no other criminal antecedents.

Having regard to the facts and circumstances of the case, considering the nature of the allegations and considering the fact that the petitioner is a first time offender and he is in custody from 15.11.2022 onwards, I am inclined to grant bail to the petitioner subject to stringent conditions. In the result, the bail application is allowed. It is directed that the petitioner shall be released on bail, subject to the following conditions:

(i) The petitioner shall execute a bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like-sum to the satisfaction of the jurisdictional court;

(ii) Petitioner shall appear before the investigating officer in Crime No.927/2022 of Koratty Police Station, Thrissur District on every Saturday at 11 am, until filing of final report;

(iii) The petitioner shall not attempt to interfere with the investigation or to influence or intimidate the defacto complainant or any witness in Crime No.927/2022 of Koratty Police Station, Thrissur District;

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

If any of the aforesaid conditions are violated, the investigating officer in Crime No.927/2022 of Koratty Police Station, Thrissur District may file an application before the jurisdictional court, for cancellation of bail.