Shafeek vs State Of Kerala

Dr. Kauser Edappagath, J

This application is filed u/s 439 of the Code of Criminal Procedure seeking regular bail.

The applicant is the accused No.2 in Crime No.1447/2023 of Ochira Police Station. The offences alleged are punishable under Sections 294(b), 341, 323, 324, 307 read with 34 of IPC.

The prosecution case, in short, is that on 15.10.2023 at 7.45 p.m., the applicant along with accused No.1 assaulted the uncle of the defacto complainant with a knife and a beer bottle with the intention to kill him and thereby committed the aforesaid offences.

I have heard Smt.Haripriya M., the learned counsel for the applicant and Smt.T.V. Neema, the learned Senior

The learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case. The counsel further submitted that no materials are on record to connect the applicant with the alleged crime; hence, he is entitled to get bail. On the other hand, the learned Public Prosecutor submitted that the alleged incident occurred as a part of the intentional criminal acts of the applicant, and he is not entitled to bail at this stage.

The applicant was remanded to judicial custody on 16.10.2023. No serious overt act is alleged against the applicant. Accused No.1 against whom serious overt act was alleged had already been granted bail. The records would show that in the very same incident, the applicant has also sustained serious injuries. The investigation is practically over and recovery has already been effected. For all these reasons, I do not find any reason to hold that the continued detention of the applicant is required for any purpose. Hence, the applicant is entitled to be released on bail.

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

(i) The applicant shall be released on bail on executing a bond for Rs.1,00,000/- (Rupees One lakh only) with two solvent sureties for the like sum each to the satisfaction of the jurisdictional Magistrate/Court.

(ii) The  applicant  shall  fully  co-operate  with  the investigation.

(iii) The applicant shall appear before the investigating officer between 10.00 a.m and 11.00 a.m. every Saturday until further orders. He shall also appear before the investigating officer as and when required.

(iv) The applicant shall not commit any offence of a like nature while on bail.

(v) The applicant shall not attempt to contact any of the prosecution witnesses, directly or through any other person, or in any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation.

(vi) The applicant shall not leave the State of Kerala without the permission of the trial Court.

(vii) The application, if any, for deletion/modification of the bail conditions or cancellation of bail on the grounds of violating the bail conditions shall be filed at the jurisdictional court.