Shameer vs State Of Kerala

Gopinath P., J

This is an application for regular bail.

The petitioner is the accused in Crime No.1536 of 2021 of Thrikkakara Police Station, Ernakulam District, alleging commission of offences under

Sections 307, 323 and 324 of the Indian Penal Code. The allegation against the petitioner is that due to previous enmity with the de-facto complainant,

which is alleged to be on account of failure of the de-facto complainant to return some money borrowed from the petitioner/accused, the petitioner

stabbed the de-facto complainant using a knife caused an incised wound and further attacked the de-facto complainant using a helmet and thereby he

committed the offences alleged against him.

The learned counsel for the petitioner submits that the petitioner is absolutely innocent in the matter. It is submitted that there was some altercation

between the petitioner and the de-facto complainant on account of failure of the de-facto complaint to return money borrowed from the petitioner. It is

submitted that the petitioner has been in custody from 12.12.2021 and his continued detention is not necessary for the purpose of investigation of the

matter.

The learned Public Prosecutor, on instructions, submits that while the helmet used to cause injury on the de-facto complainant has already been

recovered, the knife allegedly used by the petitioner to stab the de-facto complainant has not yet been recovered. It is submitted with reference to the

wound certificate in respect of the de-facto complainant that the de-facto complainant suffered a deep incised wound on his abdomen as a result of

the attack by the petitioner using a knife. It is also pointed out that the grant of bail at this stage may not be conducive for the successful prosecution

of the petitioner.

Having regard to the facts and circumstances of the case and taking into consideration of the fact that the petitioner has been in custody for 32

days and his continued detention is not necessary for the purpose of investigation, except for the purpose of effecting any recovery, I am of the

opinion that the petitioner can be granted bail subject to condition that a limited custody of the petitioner be available to the prosecution for the purpose

of completing the investigation.

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

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

Jurisdictional Court;

(2) Petitioner shall co-operate with the investigation and shall report before the investigating officer in Crime No.1536 of 2021 of Thrikkakara Police Station, Ernakulam

District, at 09.00AM on 17.01.2022 and thereafter, whenever called upon to do so;

(3) 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.1536 of 2021 of

Thrikkakara Police Station, Ernakulam District;

(4) 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.1536 of 2021 of Thrikkakara Police Station, Ernakulam District,

may file an application before the Jurisdictional Court for cancellation of bail.