Shameer 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.656 of 2022 of Vadakkekad Police Station, Thrissur, alleging offences punishable under Sections 341, 324, 308 and 201 of the Indian Penal Code, 1860.

According to the prosecution, on 08.08.2022, the accused is alleged to have attempted to chop the defacto complainant with a sword and when it was resisted, the defacto complainant sustained injury on his left knee and thereby committed the offences alleged.

Sri.M.R.Sasith, learned counsel for the petitioner, submitted that the accused was arrested on 07.05.2023 and he has been in custody since then. It was also submitted that the investigation has already been completed and the final report was filed, which is now pending as C.P.No.51 of 2023 on the file of the Judicial First Class Magistrate Court, Kunnamkulam.

Smt.V.Sreeja, learned Public Prosecutor, opposed the application submitting that the allegations are serious in nature and that even though the injury sustained by the defacto complainant is serious and therefore, the petitioner ought not to be released on bail.

Having considered the rival contentions and on perusal of the documents submitted, I am of the view that since the investigation is completed and the circumstances in the case warranted, the petitioner is entitled to be released on bail.

In the result, this 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 co-operate with the trial of the case.

(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.