Somarajan vs State Of Kerala

Viju Abraham , J.

This is an application for regular bail.

Petitioner is arrayed as the sole accused in Crime No. 302/2022 of Ayyampuzha Police Station, Ernakulam District, alleging commission of the offences punishable under Sections 294(b), 326, 307 and 506 of the Indian Penal Code.

The prosecution allegation is that on 04.09.2022 while the defacto complainant was standing in the Pallippadan Junction near Ayyampuzha, a lady who is suffering from Epilepsy hold the bike of the defacto complainant. The same was recorded by the accused in his mobile phone which was questioned by the defato complainant who is the brother-in-law of the accused. The accused abused the defacto complainant and thereafter the defacto complainant tried to take over the mobile from the accused. The accused left the place with a warning that he will come back and thereafter at around 7.10 PM the accused came back with a knife and assaulted the defacto complainant and stabbed him with the knife and thereby the accused has committed the alleged offence.

The petitioner submitted that he has been falsely implicated in the above said crime and that he is in custody from 22.10.2022. The petitioner submitted that he has no other criminal antecedents. It is in fact the defacto complainant who has attacked the petitioner. Though the petitioner moved an application for anticipatory bail, the same was rejected by Annexure A1. Later, petitioner surrendered before the Investigating Officer on 22.10.2022 and is in custody since then.

The learned Public Prosecutor though opposed the application for bail submitted that the petitioner is not involved in any other crime.

Considering the facts and circumstances and nature of allegation and taking into consideration the petitioner’s detention from 22.10.2022, I am inclined to grant bail to the petitioner.

In the result, the bail application is allowed and it is ordered that the petitioner shall be released on bail on the following stringent conditions:

(I) The petitioner shall execute a bond for a sum of Rs.50,000/- (Rupees Fifty thousand only) with two solvent sureties each for the like-sum to the satisfaction of the jurisdictional court;

(ii) The petitioner shall appear before the investigating officer in Crime No. 302/2022 of Ayyampuzha Police Station on all Saturdays at 11 am untill filing of final report;

(iii) The petitioner shall not attempt to interfere with the investigation or to influence any witness in Crime No. 302/2022 of Ayyampuzha Police Station;

(v) The petitioner shall not involve in any other crime while on bail.

If any of the aforesaid conditions are violated, the investigating officer in Crime No. 302/2022 of Ayyampuzha Police Station, may file an application before the jurisdictional court, for cancellation of bail.