Siyad vs State Of Kerala And Ors

The applicant is the sole accused in Crime No.274 of 2020 of Pandikkad Police Station, Malappuram, for having allegedly committed offences punishable under Sections 324 and 308 of the IPC. The prosecution case, in brief, is this:

On 18.09.2020, at about 8.30 PM, the applicant was quarreling with his brother and the defacto complainant allegedly intervened in their fight. Annoyed by that, the applicant took a knife and stabbed the defacto complainant on his left chest as also on his right thigh with the knowledge that those assaults could have proved fatal. And, hence, attempted to commit culpable homicide. The applicant states that he had surrendered before the jurisdictional court on 18.02.2021 and was remanded to judicial custody. He continues in remand from that day. The custodial interrogation of the applicant is already over. The weapon has been recovered. And, therefore, no purpose would be served by further detaining the applicant. And, therefore, he seeks bail.

Heard the learned counsel appearing for the applicant and the learned Public Prosecutor. The learned Public Prosecutor submits that the applicant is a notorious criminal, who has been involved in 8 criminal cases, since 2013, for various offences such as 406 and 420, 326, 379, 324 IPC etc., Proceedings under Section 107 of the Cr.P.C was also initiated against the applicant. Under the circumstances, in case, he is released on bail, there is every possibility that he may get intimidated witnesses and also commit offences of similar nature.

Considering the fact that the injury which was directed by the applicant against the defacto complainant could have proved fatal. But, even then, it did not cause any grievous injuries. The applicant has criminal antecedents. But, that alone is not a reason for discarding his application for bail There are other conditions also which are required to be satisfied. The injury that has been sustained by the defacto complainant was serious but not grievous. And, therefore, I find that further incarceration of the applicant may not be necessary. But, considering his criminal antecedents, stringent conditions have to be imposed.

In the result, the application is allowed and the applicant is directed to be released on bail on the execution of a 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 further conditions:

(i) He shall appear before the Investigating Officer on all Saturdays between 9.00 AM and 12.00 PM for a period of two months or till filing of the final report whichever is earlier.

(ii) He shall not enter the Police Station limits except for compliance of Condition No.1

(iii) He shall surrender his passport before the jurisdictional court and shall not go abroad or get a release of the passport without the sanction of the jurisdictional court.

(iv) He shall not intimidate or influence witnesses and tamper with evidence.

(v) He shall not get involved in similar offences during the currency of the bail period.

In case of breach of any of the bail conditions, the prosecution shall be at liberty to apply for cancellation of the bail before the jurisdictional court.

The bail application is allowed.