High CourtsSingle Bench

Siriyak.J vs State Of Kerala

High Court Of Kerala · Decided on 29 December 2023 · Citation: (2023) 12 KL CK 0253

HON’BLE JUDGES
C.Pratheep Kumar, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 439 · Indian Penal Code, 1860 — Section 294(b), 307, 324, 341, 506(ii)
RESULT
Allowed
CASE NUMBER
Bail Application No.11474 Of 2023
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Judgment

9 paragraphs · 255 words

C.Pratheep Kumar, J

1.

This is an application for regular bail filed under Section 439 Cr.P.C by the sole accused involved in Crime No.1820 of 2023 of Chavara Police Station. The offences alleged against the petitioner are under Sections 294(b), 341, 324, 506 (ii) and 307 of Indian Penal Code.

2.

The Prosecution case is that on 04.11.2023 at about 10.30 a.m., due to previous enmity, the petitioner attacked the de facto complainant, her husband and her son with a knife. The accused has been in custody since 04.11.2023.

3.

According to the learned counsel for the petitioner, this is a false case foisted against him and also that he is innocent.

4.

On the other hand, the learned Public Prosecutor opposed the bail application. Further, he would submit that the petitioner has no criminal antecedents.

5.

Considering the fact that the petitioner is in custody since 04.11.2023 and there is no other criminal cases against him, I am inclined to allow this application, subject to the following conditions :-

(i) The petitioner is released on bail on executing bond for Rs.50,000/- (fifty thousand only) with two solvent sureties for the like sum to the satisfaction of the Court below.

(ii) The petitioner shall report before the Investigating Officer on every Tuesday between 10.00 am and 11.00 am till the final report is filed or till the end of January, 2024, whichever is earlier.

(iii) The petitioner shall co-operate with the investigation. He shall not intimidate or influence the witnesses or tamper with the evidence.