Shanavas vs State Of Kerala

Gopinath P., J

This is an application for regular bail.

The petitioner is the accused in Crime No.52 of 2022 of Pooyappally Police Station, Kollam District, alleging commission of offences under Sections

324 and 307 of the Indian Penal Code. The allegation against the petitioner is that on 08.01.2022, owing to dispute arising out of money borrowed by

the petitioner from the de-facto complainant, the petitioner attacked the de-facto complainant and caused a lacerated wound using a knife taken from

the shop of the de-facto complainant, who is stated to be a fish vendor.

The learned counsel for the petitioner would submit that the petitioner is absolutely innocent in the matter. It is submitted that on seeing the

petitioner, the de-facto complainant had come out of his shop with his knife and had attempted to attack the petitioner and in the scuffle, the injury in

question was occasioned to the de-facto complainant. It is submitted that there is no case for the prosecution that the petitioner had trespassed into the

shop of the de-facto complainant and therefore, the theory that the petitioner had used the knife in the shop of the de-facto complainant to inflict

injuries on him cannot be sustainable. It is submitted that the petitioner has been in custody for 26 days and that the petitioner may be released on bail,

as his wife is required to undergo a surgery at Regional Cancer Centre, Thiruvananthapuram.

The learned Public Prosecutor, with reference to the wound certificate and the statement of the de-facto complainant, vehemently opposes the

grant of bail. He points out that a fairly serious injury was occasioned to the de-facto complainant. It is submitted that the petitioner had brutally

attacked the de-facto complainant and he is not entitled to be released on bail at present.

Having regard to the facts and circumstances of the case and considering the fact that the continued detention of the petitioner may not be

necessary for the purpose of any investigation and also considering the fact that no criminal antecedents have been reported against the petitioner, I

am of the view that the petitioner can be granted bail subject to conditions.

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 a bond for a sum of Rs.25,000/- (Rupees twenty five thousand only) with two solvent sureties for the like sum to the satisfaction of the

Jurisdictional Court;

(2) The petitioner shall report before the investigating officer in Crime No.52 of 2022 of Pooyappally Police Station, Kollam District, as and when 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.52 of 2022 of

Pooyappally Police Station, Kollam 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.52 of 2022 of Pooyappally Police Station, Kollam District, may file

an application before the Jurisdictional Court for cancellation of bail.