Satheeshkumar vs State Of Kerala

Gopinath P., J

This is an application for regular bail.

The petitioner is the accused in Crime No. 220 of 2022 of Pathananmthitta Police Station, alleging commission of offences punishable under Sections 449, 294(b) & 307 of the Indian Penal Code.

The allegation against the petitioner is that on 21.02.2022 at 3 pm, the petitioner trespassed into the house of the de facto complainant armed with a chopper, abused him using filthy language and caused injury on the left side of the head of the de facto complainant by using the chopper and thereby, he committed the offence alleged against him.

The learned counsel for the petitioner submits that the petitioner and the de facto complainant are neighbours and that there are existing disputes between them. It is submitted that on the fateful day, the de facto complainant had abused the wife and child of the petitioner and that the petitioner had gone to the house of the de facto complainant to question the same. It is further submitted that thereupon, the de facto complainant attacked the petitioner and that he had sustained injuries. It is submitted that the petitioner was arrested from the hospital while he was taking treatment. It is further submitted that on earlier occasions, the petitioner and his wife filed complaints before the police against the de facto complainant. The copies of the complaints, one filed by the wife of the petitioner dated 11.08.2020 and another filed by the petitioner dated 31.05.2019 against the de facto complainant, are shown to me. It is further submitted that the petitioner has been in custody for 30 days and that his continued detention is not necessary for the purpose of any investigation.

The learned Public Prosecutor opposes the grant of bail and points out the circumstances appearing in the case from records. It is submitted that the de facto complainant suffered fairly serious injuries on his scalp owing to the attack by the petitioner. It is further submitted though no criminal antecedents have been reported against the petitioner, the petitioner is not entitled to be released on bail at this point of time.

Having regard to the facts and circumstances of the case and taking into account the fact that no criminal antecedents have been reported against the petitioner and also keeping in mind that there are earlier disputes between the petitioner and the de facto complainant, I am of the view that the petitioner can be granted bail, subject to conditions. I also take note of the fact that the petitioner has been in custody for 30 days and his continued detention is not necessary for the purpose of any investigation.

In the result, the bail application is allowed and it is directed that the petitioner shall be released on bail subject to the following conditions:

(a) The petitioner shall execute 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;

(b)Petitioner shall appear before the investigating officer in Crime No. 220 of 2022 of Pathananmthitta Police Station, whenever called upon to do so;

(c) The petitioner shall not attempt to interfere with the investigation or to influence or intimidate the de facto complainant or any witness in Crime No. 220 of 2022 of Pathananmthitta Police Station;

(d)The petitioner shall not involve in any other crime while on bail.

If any of the aforesaid conditions is violated, the investigating officer in Crime No. 220 of 2022 of Pathananmthitta Police Station, may file an application before the jurisdictional court for cancellation of bail.