Sanjay vs State Of Kerala

Gopinath P., J

This is an application for regular bail.

The petitioner is the accused in Crime No.102/2022 of Ottapalam Police Station, Palakkad District, alleging commission of offences under Sections 324 & 307 of the Indian Penal Code.

The allegation against the petitioner is that owing to a dispute with the de facto complainant, the de facto complainant was attacked and stabbed on his back using a knife, while attending the 'Chinakkathur Pooram' on 17-02-2022.

The learned counsel for the petitioner submits that the petitioner is an engineering graduate, who had come to Palakkad in connection with the treatment of his sister, who is suffering from acute renal failure. It is submitted that the petitioner had gone to attend the 'Chinakkathur Pooram' and there was a dispute with the de facto complainant. It is submitted that the petitioner was not carrying any knife and the allegations are against some others though the learned Public Prosecutor asserts that the petitioner is the sole accused. It is submitted that the petitioner is likely to lose his job, if he is not released on bail. It is submitted that the investigation is almost complete and the continued detention of the petitioner is not necessary for the purpose of any investigation. It is also submitted that the petitioner also suffered injuries.

The learned Public Prosecutor opposes the grant of bail. Firstly, it is submitted that the petitioner is the sole accused in the case. It is further submitted that going by the investigation conducted thus far, the petitioner is the person, who had attacked the de facto complainant and caused injuries to him. It is submitted that the so called injuries suffered by the petitioner are not serious injuries and that going by the report received from the investigating officer, the de facto complainant has just been discharged from the hospital and his statement is yet to be recorded. It is submitted that the grant of bail to the petitioner at this stage will not be conducive to the successful completion of investigation. However, it is confirmed that no criminal antecedents have been reported against the petitioner.

Having regard to the facts and circumstances of the case and considering the nature of allegations and taking into account the fact that no criminal antecedents are reported against the petitioner, I am of the view that the petitioner can be released on bail subject to conditions.

In the result, this 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) The petitioner shall report before the investigating officer in Crime No.102/2022 of Ottapalam Police Station, every Saturday at 11.00 am until filing of final report;

(iii) The petitioner shall not attempt to interfere with the investigation or influence or intimidate the de facto complainant or any witness in Crime No.102/2022 of Ottapalam Police Station;

(iv) The petitioner shall surrender his passport before the jurisdictional Court. If the petitioner does not have a passport, he shall execute an affidavit to that effect and file the same before the jurisdictional court within seven days of release on bail;

(v) 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.102/2022 of Ottapalam Police Station may file an application before the jurisdictional Court for cancellation of bail.