Sirajudheen vs State Of Kerala

Shircy V, J

Application for regular bail.

The petitioner who is the sole accused in Crime No. 1527 of 2021 of Pandalam Police Station registered for the offences punishable under Sections 294(b), 323, 326, 307 and 506 (ii) of the Indian Penal Code, has moved this application for his release on bail.

The prosecution case in brief is as follows :-

The  defacto  complainant  and  this  petitioner  are neighbours. On 29.09.2021 at about 08.30 pm this petitioner have abused the father of the defacto complainant and attempted to attack him. On seeing the same, the defacto complainant as well his friend and relative rushed to the spot to rescue him. Then, the petitioner have stabbed the defacto complainant and Navas, the friend and relative of the defacto complainant with the intention to cause his death. Navas had sustained very serious stab injuries and the defacato complainant had also sustained stab injuries. Both of them were rushed to the hospital. Thereby, this crime has been registered against him.

The petitioner has been in custody since 13.09.2021.

Heard the learned counsel for the petitioner as well the learned Public Prosecutor.

The learned counsel for the petitioner has submitted that the father of the defacto complainant had a scuffle with the petitioner and he attempted to cause injuries to him. Then the defacto complainant and Navas intervened in the scuffle somehow or other they sustained stab injuries. In fact, he has not committed any offence as alleged by the prosecution. But he is undergoing unnecessary incarceration for more than two months.

The  learned  Public  Prosecutor  has  submitted  the investigation of the case is well in progress. Navas had sustained serious injury. The weapon used by the petitioner to inflict injuries on the defacto complainant as well as his friend had already been recovered. Now the investigation of the case is almost over. It is further submitted that this petitioner is not having any criminal antecedents.

Having regard to the facts and circumstances of the case as well the period of detention undergone by him in judicial custody, I am inclined to release him on bail subject to the following conditions :-

(i) The petitioner shall be released on bail on executing a bond for a sum of Rs.1,00,000/- (Rupees one lakh only) with two solvent sureties for the like sum each to the satisfaction of the court having jurisdiction.

(ii) The petitioner shall appear before the investigating office for interrogation as and when required by him, in writing.

(iii) The petitioner shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence.

(iv) The petitioner shall not commit any offence while on bail.

In case of violation of any of the above conditions, the jurisdictional court is empowered to cancel the bail in accordance with the law.