Saidali @, Shemi vs State Of Kerala

A.Badharudeen, J

This is an application for regular bail filed under Section 439 of the Code of Criminal Procedure, by the petitioner who is the sole accused in Crime No.1071 of 2022 of Vattiyoorkavu Police Station.

Heard the learned counsel for the petitioner as also the learned Public Prosecutor.

I have perused the Case Diary materials produced by the learned Public Prosecutor.

The prosecution case is that, at 6.45 p.m. on 21.12.2022, while the defacto complainant was travelling on his motorcycle bearing registration No.KL-21 S 6079 through Mukkola road, the accused herein wrongfully restrained him, uttered obscene words and beat him on his face. Thereafter, the accused stabbed the defacto complainant on his left hand and back, by using a knife, with intention to do away the defacto complainant. On the above sets of fact, the prosecution alleges commission of offences punishable under Sections 341, 294(b), 323 and 307 of the Indian Penal Code.

It is submitted by the learned counsel for the petitioner that the petitioner is innocent. According to him, the allegations are false and he has no criminal antecedents. Pointing out his custody from 27.12.2022, the learned counsel for the petitioner pursued regular bail.

Whereas  the  learned  Public  Prosecutor strongly opposed grant of bail to this petitioner, pointing out the seriousness of the offences and the manner in which, a poor man, who was travelling on a motorcycle, was attacked and caused stab injury to him. It is submitted further that the weapon used to commit the crime was not recovered, since the petitioner concealed the same. Therefore, offence under Section 201 of IPC also would attract in this case. It is submitted further that the petitioner is a person having criminal antecedents and he is an accused in a murder case, as per Crime No.31 of 2012 of Aruvikkara Police Station. Further, he has involvement in another crime vide Crime No.711 of 2013 alleging commission of offences under Sections 143 and 144 of IPC r/w Section 27 of the Arms Act.

On perusal of the available materials, it could be gathered that the petitioner, who is having criminal antecedents, wrongfully restrained and assaulted the defacto complainant with intention to do away him and accordingly, he stabbed against the defacto complainant and accordingly, the defacto complainant sustained injuries on his left hand and back. Thus, the prosecution allegation is well made out. Though antecedents reported, the same appears to be occurred during 2012-2013 and there is no involvement of the petitioner in any other crime during the period between 2014 and till this crime. Therefore, having appraised the progress of investigation and the detention of the petitioner in custody from 27.12.2022, I am inclined to release him on bail on conditions and one among the conditions is that he shall not involve or indulge in any offence during the currency of bail and any such event, if reported or came to the notice of this Court, the same shall be a reason to cancel the bail hereby granted.

In the result, this petition stands allowed and he is released on bail on the following conditions:

i. The petitioner shall be released on bail on his executing bond for Rs.50,000/- (Rupees Fifty Thousand Only) with two solvent sureties, each for the like amount to the satisfaction of the Magistrate court concerned.

ii. The petitioner shall not intimidate the witnesses or tamper with evidence. He shall co-operate with the investigation and shall be available for trial.

iii. The  petitioner  shall  appear  before  the

Investigating Officer as and when directed.

iv. The petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of this case, so as to dissuade him from disclosing such facts to the court or to any police officer.

v. The petitioner shall not involve in any other offence during the currency of bail and any such event, if reported or came to the notice of this court, the same shall be a reason to cancel the bail hereby granted.