Santhosh Kumar vs State Of Kerala

Bechu Kurian Thomas, J

This is an application for regular bail filed under Section 439 of Code of Criminal Procedure, 1973.

Petitioner is the sole accused in Crime No.660 of 2022 of Koodal Police Station, Pathanamthitta District. The offences alleged against the petitioner are punishable under Sections 506(ii), 324, 326, 326A, 450, 307 and 201 of the Indian Penal Code,1860.

According to the prosecution on 17-09-2022, the accused trespassed into the house of the victim, who is the wife of the accused, armed with a chopper and assaulted her, causing grievous injuries on her hands and fingers and thereby committed the offences alleged.

Sri.M.T.Suresh Kumar, the learned counsel for the petitioner contended that the prosecution allegations are false and that the incident as alleged had not occurred. It was further submitted that petitioner was arrested on 18-09-2022, and has been in custody since then and that petitioner is willing to abide by any conditions that may be imposed upon him.

Sri.Noushad K.A., the learned Public Prosecutor opposed the grant of bail and contended that the allegations are serious, especially since by virtue of the overt acts of the accused the left forearm of the victim was chopped of and two other fractures were also inflicted on her. It was also submitted that the father of the victim was also assaulted seriously.

I have considered the rival contentions and have also perused the statement of the victim.

Thought the allegations against the petitioner are serious in nature and the injuries inflicted by him are grievous, I am of the view that considering the period of detention already undergone. No purpose would be served by continuing the said detention especially taking note of the fact that final report was filed.

In the result, this application is allowed on the following conditions:-

(a)Petitioner shall be released on bail on him executing a bond for Rs.50,000/- (Rupees Fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction.

(b) Petitioner shall co-operate with the trial of the case.

(c) Petitioner shall not enter into the jurisdictional limits of Pathanamthitta District for a period of 6 months and thereafter shall not enter into the jurisdictional limits of Koodal Police Station till the conclusion of trial.

(d) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence.

(e) Petitioner shall not commit any similar offences while he is on bail.

(f) Petitioner shall not leave India without the permission of the Court having jurisdiction.

In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law, notwithstanding the bail having been granted by this Court.