Sameer D vs State Of Kerala

Shircy V, J

Application for regular bail.

The petitioner who is the first accused in Crime No.216 of 2021 of Melparamba Police Station, Kasargod District registered for the offences punishable under Sections 447, 324, 308, 506 and 427 r/w Section 34 of the Indian Penal Code, has moved this application for his release on bail.

The prosecution allegation is that this petitioner is a close relative of the defacto complainant. He approached him and demanded his car as well as his motor bike for his use, which was refused by him. Infuriated by the same, at about 11.30 pm on 31.05.2021, he trespassed into the residential compound of the defacto complainant and manhandled him and caused injuries. A blow with a sword stick was somehow or other evaded by him, but it fell on his neck and caused minor injuries. Had it been otherwise, it would have caused his death. Thereby he has committed culpable homicide not amounting murder.

The petitioner has been in custody since 27.09.2021.

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

The learned counsel for the petitioner has submitted that his relative/the defacto complainant who is on inimical terms with him has falsely implicated him in this case. In fact, he is totally innocent and he is undergoing unnecessary incarceration from the date of his arrest.

According to the learned Public Prosecutor the investigation of the case has progressed considerably. But the second accused is yet to be apprehended. Though there is an allegation that the defacto complainant has sustained injuries, the wound certificate is not available. But from the available records, it is seen that the injuries sustained by him were minor in nature.

Considering the entire facts involved in this case, the nature of injuries sustained by him, the period of detention undergone by him in judicial custody as well the present stage of investigation, I am inclined to release him on bail subject to the following conditions :-

(i) The petitioner shall be released on bail on 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) He shall appear before the Investigating Officer for interrogation as

and when required by him, in writing. .

(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 jurisdictional court is empowered to cancel the bail in accordance with the law.