Somanadhanpillai vs State Of Kerala

Mohammed Nias C.P., J

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

The petitioner is the sole accused in Crime No.941/2023 of Yeroor Police Station, Kollam district, for having committed offences punishable under Sections 324 and 308 of the Indian Penal Code.

The prosecution case is that the accused, with previous animosity towards the complainant, on 10.10.2023 by 10 p.m., brandished a machete against the complainant, leading to a cut injury on his ear, back and left palm and that the blow advanced by the accused towards the neck of the complainant ward off by the complainant by his left hand and sustaining a cut injury on left palm would have lead to the death of the complainant.

The learned counsel appearing for the petitioner would say that the petitioner is innocent and falsely implicated with ulterior motives. It is submitted that Anneuxre 1 is an FIR registered against the defacto complainant at the instance of the petitioner for having trespassed into his property. Annexure 2 again is an allegation of trespass against the defacto complainant where his daughter was attacked and crime was registered, including under Section 354 IPC. It is thereafter the present crime Annexure 4 FIR is filed against the petitioner alleging an attack against the defacto complainant, and the counter case is Annexure 3 F.I.R. The petitioner has been in custody since 11.10.2023, and continued custody of the petitioner is unnecessary.

The learned Public Prosecutor opposed the petition.

After having considered the submissions of the learned counsel for the petitioner and learned Public Prosecutor and also perusing Annexures 1,2 and 3 FIRs,s, the wound certificate and taking into account the fact that he has been in custody since 11.10.2023 and no apprehension being raised by the prosecution that if released on bail the petitioner is likely to abscond, I am inclined to grant bail.

Accordingly, this application is allowed, and the petitioner is granted bail subject to the following conditions:-

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

2.He shall appear before the Investigating Officer as and when directed to appear.

3.He shall not intimidate or attempt to influence the witnesses, nor shall tamper with the evidence or do anything that might adversely affect the trial;

4.He shall not commit any offence while on bail;

5.He shall not leave the Country 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 of bail and pass appropriate orders in accordance with law.