Shefeer vs State Of Kerala

Bechu Kurian Thomas, J

This is an application seeking regular bail filed under Section 439 of the Code of Criminal Procedure, 1973.

Petitioner is the 1st accused in Crime No.279/2023 of Vadakkekad Police Station, Thrissur District. The offences alleged against the petitioner are under Sections 341, 326, 308 r/w Section 34 of the Indian Penal Code, 1860.

According to the prosecution, the accused had, pursuant to a common intention, restrained the defacto complainant and his friends on 20.03.2023 and thereafter the 1st accused stabbed the defacto complainant with a knife and caused grievous injuries including fracture of his right ribs and thereby committed the offences alleged.

Sri.K.P.Shereef, learned Counsel for the petitioner contended that the entire prosecution allegations are false and the incident as alleged had never occurred. It was further submitted that petitioner was arrested on 29.03.2023 and that he has been in custody since then.

Sri.C.N.Prabhakaran, learned Public Prosecutor opposed the grant of bail and contended that the allegations against the petitioner are serious in nature and that the petitioner has antecedents having been involved in an NDPS case in the year 2018.

I have considered the rival contentions.

Considering the facts and circumstances of the case and taking into reckoning the period of detention from 29.03.2023, I am satisfied that despite the involvement of the petitioner in a NDPS case in 2018, he can be granted 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 appear before the Investigating Officer as and when required.

(c) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence.

(d) Petitioner shall not commit any similar offences while he is on bail.

(e) Petitioner shall not leave India without the permission of the Court having jurisdiction.

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.