Sasidharan Pola vs State Of Kerala

Bechu Kurian Thomas, J

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

Petitioner is the accused in Crime No.394/2023 of Valapattanam Police Station, Kannur. The offences alleged against the petitioner are punishable under Sections 341 and 307 of the Indian Penal Code, 1860.

According to the prosecution, on 23.04.2023 at 9 pm, the accused brutally assaulted the defacto complainant, who is his own son, with a knife inflicting serious injuries and thereby committed the offences alleged.

Sri.Abdul Raoof Pallipath, the learned counsel appearing for the petitioner, submitted that petitioner's son is a drug addict and that the petitioner only attempted to question the said conduct of the defacto complainant. It was further submitted that the petitioner having been arrested on 24.04.2023, further detention of the petitioner need not be permitted.

Sri.T.V.Neema, the learned Public Prosecutor, opposed the grant of bail and submitted that the allegations are serious and that even though the weapon of offence has been recovered, the petitioner ought not to be released on bail.

I have considered the rival contentions. The petitioner was arrested on 24.04.2023. The offence alleged was committed against the petitioner's own son. The weapon of offence has already been recovered. Taking into consideration the aforesaid circumstances, I am of the view that this application can be allowed on conditions:

Accordingly, this regular bail 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 appear before the Investigating Officer as and when required.

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

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

(e) Petitioner shall not leave the country without the permission of the jurisdictional Court.

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.