Sakeer Hussain @ Sakkeer vs State Of Kerala

Shircy V, J

Application for regular bail.

The petitioner, who is arraigned as the 1st accused in Crime No.1523/2021 of Kadakkavoor Police Station, Thiruvananthapuram District registered for the offences punishable under Sections 323, 324, 326, 294(b), 307 r/w 34 of the Indian Penal Code, has filed this application seeking his release on bail.

The petitioner has been in custody since 22.07.2021.

The prosecution case in brief is as follows:

On 22.07.2021 at about 11 p.m, the accused due to the enmity towards the defacto complainant with the intention to cause his death attacked him. They have inflicted grievous injuries on him including fracture. This petitioner accelerated his car towards the defacto complainant and knocked him down with the intention to cause his death. But it resulted in causing grievous injuries including fracture of his right femur. Thereby he along with the other accused have committed the aforesaid offences.

The learned counsel for the petitioner would submit that, in fact, the defacto complainant and others had trespassed into his residential house and abused his sister and attacked her. Thereafter, this petitioner and the other accused were falsely implicated in the case. Crime No.1528/2021 has registered against the defacto complainant and others and now that case is under investigation. This petitioner has not committed any offence as alleged in this case and he is a handicapped person suffering from 60% of disability, still he has been implicated in the case at the instigation of the defacto complainant. As he is totally innocent of the allegations levelled against him, he has filed this application for his release on bail.

The learned Public Prosecutor has admitted that another crime has been registered against the defacto complainant and others for having trespassed into the residential house of this petitioner and attacked him and his sister and now both the cases are under investigation. It is also pointed out by the learned Public Prosecutor that, this petitioner is involved in another rape case, which has been registered in the year 2014 as Crime No.563/2014.

Of course this petitioner is a handicapped person, but the allegation levelled against him is that, he accelerated his car towards the defacto complainant with the intention to cause his death. Such being the allegation, definitely the seriousness of the offences committed by him are grave in nature. But this petitioner is undergoing incarceration for the last two months. Now the investigation of the case has progressed considerably. On going through the materials placed before me and on hearing both sides, I could not find any materials so as to infer that further detention of this petitioner in custody is absolutely necessary for the investigating agency to proceed with the investigation and to submit the final report. That being the case, though he is having criminal antecedents, I am inclined to release him on bail subject to the following conditions:-

(i) The petitioner shall be released on bail on his executing a bond for a sum of Rs.1,00,000/- (Rupees one lakh only) with two solvent sureties for the like sum each to the satisfaction of the court having jurisdiction.

(ii) The petitioner shall appear before the Investigating Officer once in a month i.e. first Monday of every month for a period of three months or till filing of the final report whichever is earlier.

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

(iv) The petitioner shall not commit any offence while on bail.

In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with the law.