Sreenath vs State Of Kerala

Mohammed Nias C.P., J.

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

The petitioner is the accused in Crime No. 1272/2023 of Kadakkal Police Station, Kollam Rural, for having allegedly committed offences punishable under Sections 294(b), 341, 447, 506, 307 and 324 of the Indian Penal Code.

The prosecution case is that, due to previous enmity, on 08.08.2023, the accused trespassed onto the house of the de-facto complainant with an intention to kill the de-facto complainant’s cousin for the reason that she restricted the accused from calling the de-facto complainant’s cousin’s daughter. Later, after reaching the house, the accused took out the knife kept in his pocket and stabbed the hands, neck and chest of the defacto complainant’s cousin, and when the de-facto complainant went to drag away the accused to stop attacking her cousin, she was also attacked along with her cousin’s husband by the accused who stabbed them causing severe injuries and thereby committed the offence.

The learned counsel appearing for the petitioner would say that the petitioner is totally innocent and falsely implicated with ulterior motives. At any rate, he points out that the petitioner is in custody from 09/08/2023, 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 the learned Public Prosecutor and considering the nature of the offences committed by the petitioner, the fact that the petitioner has been in custody since 09/08/2023, also since there is no apprehension raised by the prosecution that if he is released on bail, the petitioner is likely to abscond and also taking into account the fact that the recovery has already been effected I hold that bail can be granted to the petitioner.

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

(i) The petitioner shall be released on bail on executing a bond for 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 report before the Investigating Officer as and when required to do so.

(iii) The petitioner shall not tamper or attempt to tamper with the evidence or influence or try to influence the witnesses.

(iv) The petitioner shall not be involved in any other crime while on bail.

(v) The petitioner shall not enter the territorial limits of the police station where the victim/defacto complainant resides till the culmination of the trial.

If any of the conditions is violated, the court concerned shall be empowered to take steps for cancellation of bail as per law.