Shanlal vs State Of Kerala

Application for regular bail under Section 439 of Cr.P.C. The applicant is the sole accused in Crime No.19/2021 of Vellikulangara Police Station,

Thrissur for having allegedly committed offences punishable under Sections 452, 324, 326, 307 and 506 of IPC.

The prosecution case, in brief, is that on 06.01.2021 at about 5 p.m. the applicant allegedly trespassed into the house of the de facto complainant

after having made preparations to assault and thereafter attacked the de facto complainant with dangerous weapons like hammer causing fractures to

his hand as well as head and thus attempted to commit murder.

The applicant states that he is innocent and the allegations are not true and that he is willing to cooperate with the investigation. He has already

been subjected to custodial interrogation. The recovery of the weapon is also complete and therefore he seeks regular bail. The applicant has earlier

approached this Court for anticipatory bail by filing B.A No.503/2021 and the same was disposed by this Court directing the applicant to surrender

before the investigating officer. Accordingly, he surrendered on 06.02.2021 and has been in custody since then. His bail application filed before the

jurisdictional court was dismissed and hence he seeks indulgence.

Heard the learned counsel for the applicant and the learned Public Prosecutor.

The learned Public Prosecutor submits that the applicant has no criminal antecedent. The injury sustained is grave but at the same time he also

admits that the applicant is a person without any criminal antecedents. Recovery is already complete. Therefore, I find no reason for declining bail to

the applicant. The Bail Application is allowed and the applicant is directed to be released on bail on execution of bond for Rs.50,000/-(Rupees fifty

thousand only) with two solvent sureties, each for the like amount to the satisfaction of the jurisdictional court and on following conditions:-

(i) He shall not get involved in similar cases during the currency of the bail.

(ii) He shall appear before the investigating officer as and when called for.

(iii) He shall not tamper with evidence, intimidate or influence the witnesses .

In case of violation of the bail conditions, the prosecution is at liberty to move for cancellation of the bail before the jurisdictional court.