Shaji @ Pothu Shaji vs State Of Kerala

Viju Abraham, J

This is an application for Regular Bail.

Petitioner is the sole accused in Crime No.452/2022 of Yeroor Police Station, Kollam District, alleging commission of offences under Sections 294(b), 324, 326 and 506(ii) of the IPC.

The prosecution allegation against the petitioner is that, due to previous animosity towards the de facto complainant the accused voluntarily caused hurt to him with a deadly weapon on 07.06.2022 at 7.50 AM and inflicted fatal injuries including fracture of his head and criminally intimidated him with fear of death and thereby the accused is alleged to have committed the offences punishable under Section 294(b), 324, 326 and 506(ii) of the IPC.

The learned counsel for the petitioner submitted that the petitioner is arrested on 24.06.2022 and he is custody since then.

The learned Public Prosecutor seriously opposed the application for bail mainly contending that the de facto complainant has sustained serious injuries in the alleged incident including fracture of the skull and further that the petitioner has other criminal antecedents including offences punishable under Section 308 and offences punishable under the NDPS Act.

Having regard to the facts and circumstances of the case, taking into consideration the fact that the petitioner is in custody for almost a month but considering the fact that there are other serious criminal antecedents as against the petitioner, I feel that bail can be granted to the petitioner only on stringent conditions and it is ordered that the petitioner shall be released on bail on the following stringent conditions:

(i) The petitioner shall execute bond for a sum of Rs.50,000/- (Rupees fifty thousand only) each with two solvent sureties each for the like-sum to the satisfaction of the jurisdictional court;

(ii) Petitioner shall appear before the investigating officer in Crime No.452/2022 of Yeroor Police Station, Kollam District on every Tuesday and Friday and also co-operate with the investigation;

(iii) The petitioner shall not attempt to interfere with the investigation or to influence any witness in Crime No.452/2022 of Yeroor Police Station, Kollam District;

(iv) The petitioner shall not enter the local limits of the Yeroor police station where the de facto complainant is residing except for the purpose of complying with condition No.(ii) in the bail order for a period of three months;

(v) 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.452/2022 of Yeroor Police Station, Kollam District may file an application before the jurisdictional court, for cancellation of bail.