Sankar vs State Of Kerala

Gopinath P, J

This is an application for regular bail.

The petitioner is the first accused in Crime No.949 of 2023 of Naruvamoodu Police Station, Thiruvananthapuram, alleging commission of offences under Sections 294(b), 341, 307, 326, 452 and 327 r/w Section 34 of the Indian Penal Code.

The allegation against the petitioner is that the petitioner trespassed into the house of the defacto complainant on 22.07.2023 at 5.00 p.m. and attacked the defacto complainant, his wife and brother. It is alleged that the petitioner had attacked the defacto complainant using a hatchet which, he had kept with him. It is alleged that, when the wife of the defacto complainant tried to prevent the attack, the petitioner pushed her by holding on her neck and hit her head on a wall. It is alleged that, when the brother of the defacto complainant came to the spot on hearing the hue and cry, the petitioner attacked him also by hitting on his face resulting in loss of tooth and injuries on his face.

The learned counsel appearing for the petitioner would submit that the petitioner is absolutely innocent in the matter. It is submitted that the fourth accused in the case has some disputes with the defacto complainant and the petitioner had gone to the house of the defacto complainant along with the fourth accused in order to settle those disputes and an altercation took place. It is submitted that, at any rate, the petitioner has been in custody for more than 90 days and further detention of the petitioner is not necessary for a proper investigation into the crime registered against the petitioner.

The learned Public Prosecutor opposes the grant of bail. It is submitted that the petitioner has criminal antecedents and three other cases have been registered against him including one for consumption of narcotic drugs. It is submitted that the defacto complainant, his wife and his brother had suffered serious injuries owing to the attack of the petitioner and the other accused. It is submitted that the majority of the allegations are against the petitioner who is alleged to have caused the injuries using a hatchet.

Having heard the learned counsel for the petitioner and the learned Public Prosecutor, I am of the view that the petitioner can be granted bail subject to conditions. The petitioner has already been in custody for 90 days. Further detention of the petitioner does not appear to be necessary.

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.949 of 2023 of Naruvamoodu Police Station, Thiruvananthapuram as and when summoned to do so;

(iii) The petitioner shall not attempt to interfere with the investigation, influence or intimidate the defacto complainant or any witness in Crime No.949 of 2023 of Naruvamoodu Police Station, Thiruvananthapuram;

(iv) The petitioner shall not enter the Thiruvananthapuram District except for the purpose of complying with condition No.(ii) above;

(v) 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.

(vi) 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.949 of 2023 of Naruvamoodu Police Station, Thiruvananthapuram shall file an application before the jurisdictional Court for cancellation of bail.