Sudarsanan vs State Of Kerala

Ziyad Rahman A.A., J

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

The petitioner is the sole accused in Crime No. 296/2023 of Nooranad Police Station. The offences alleged against the petitioner are punishable under Sections 452, 294(b), 506(ii), 324 and 307 of the Indian Penal Code (IPC).

The prosecution case is that, on 31.03.2023, at 07.30 p.m, due to previous animosity towards the defacto complainant in not giving liquor to him, the petitioner attacked the defacto complainant with an intention to commit murder, after trespassing into the rented house of the defacto complainant. The assault was made, with a wooden stick and injuries were sustained on his left elbow. The petitioner was arrested on 01.04.2023 and since then, he has been under judicial detention. This application for regular bail is submitted in such circumstances.

Heard, Sri. Rasheed C Nooranad, the learned counsel appearing for the petitioner and Smt.Sreeja V, the learned Public Prosecutor, appearing for the State.

I have gone through the records. It is true that, there are specific allegations against the petitioner. However, it is a fact that the petitioner has been in judicial custody since 01.04.2023, and more than four months have elapsed. The investigation in this case is already completed and the final report has been submitted. No criminal antecedents of the petitioner were also brought to my notice.

In such circumstances, taking note of the period of the incarceration of the petitioner and other relevant circumstances, I do not find any necessity of further detention of the petitioner. Accordingly, this application is allowed on the following conditions:-

i) The petitioner shall be released on bail on executing a bond for Rs. 1,00,000/- (Rupees One Lakh only) with two solvent sureties for the like sum each to the satisfaction of the jurisdictional Court.

ii) The petitioner shall appear before the trial court as and when required.

iii) The petitioner shall not commit any offence of similar nature while on bail.

iv) The petitioner shall not make any attempt to contact any of the prosecution witnesses, directly or through any other person, or in any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation.

v) The petitioner shall not leave India without the permission of the trial Court.

In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation of bail, if any, and pass appropriate orders in accordance with the law.