Sumesh vs State Of Kerala

A.Badharudeen, J

Regular bail plea at the instance of the sole accused in Crime No.582/2022 of Anchuthengu Police Station, is the subject matter of consideration in this petition, filed under Section 439 of the Code of Criminal Procedure.

Heard the learned counsel for the petitioner as well as the learned Public Prosecutor.

Perused the case diary materials and report placed by the learned Public Prosecutor.

The case of the prosecution is that at about 10 p.m on 24.12.2022, the petitioner wrongfully restrained the vehicle of Mr.Justin and Prijin, on the road side of Kunnumpuram in Anchuthengu Muthalapozhi public road. According to the prosecution, thereafter the petitioner stabbed Prijin and Justin on their stomach with a knife with intention to do away them, infuriated by the request of Prijin to reduce the accelerator, sound and speed of the motorcycle ridden by the petitioner. On the above facts, the prosecution alleges commission of offences punishable under Section 341, 294(b), 506(ii), 324 & 307 of the Indian Penal Code.

While pressing for grant of bail to the petitioner, who is the sole accused in the above crime, the learned counsel for the petitioner submitted that the petitioner is innocent and the allegations are false. According to him, the petitioner was arrested on 25.12.2022 and the vital part of investigation, keeping him in custody is practically over. The learned counsel for the petitioner also submitted that the petitioner has no criminal antecedents.

Whereas it is submitted by the learned Public Prosecutor that the plea raised by the petitioner canvassing regular bail at the extreme primitive stage cannot be considered in a case, the petitioner herein caused serious injuries and as a result of the same, colon of Prijin and Justice protruded out. The learned Public Prosecutor also conceded that the petitioner has no criminal antecedents.

I have perused the case diary and wound certificates of Justin and Prijin in detail. It is noticed that the petitioner as well as Prijin and Justin were travelling through the road on their respective motorcycles, and while so, when Prijin demanded the petitioner to reduce the sound of the accelerator and speed of the bike, in which the petitioner was travelling, the petitioner stabbed both of them on their stomach which resulted in multiple injuries, as could be read out from their wound certificates. The wound certificate of Prijin shows the following injuries:

“Incised wound on (Lt) side abdomen 2 cm length Colon came out through wound.

Incised wound on back of chest 2 cm length."

The wound certificate of Justin shows the following injuries:

“Incised wound on abdomen 2 cm length Colon comes through wound."

Therefore, the submission of the learned Public Prosecutor that very serious injuries whereby the colon of Prijin and Justin were protruded out, is substantiated not only by the statements of the witnesses, but also the medical certificates as well.

Though it is submitted by the learned counsel for the petitioner that the over act is the outcome of a sudden provocation, the same could not be justified, that too, at the initial stage of investigation. It is relevant to note that the petitioner is a person, who kept a knife in his pocket, while riding the motorcycle. Keeping a knife while travelling on a motorcycle could not be found as with good intention, but the same to be reckoned as with ulterior motive or intention to attack somebody, who the petitioner dislikes.

Since the petitioner has no criminal antecedents and the investigation requiring the petitioner in custody is practically over, I am inclined to release him on bail on the following conditions:

i. Accused/petitioner shall be released on bail on his executing 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 concerned.

ii. Accused/petitioner shall not intimidate the witnesses or tamper with evidence. He shall co-operate with the investigation and shall be available for trial. He shall visit the Investigating Officer on every Monday in between 9 a.m and 12 noon for a period of two months and also appear before the Investigating Officer as and when directed.

iii. Accused/petitioner shall not leave India without prior permission of the jurisdictional court.

iv. Accused/petitioner shall not involve in any other offence during the currency of bail and any such event, if reported or came to the notice of this Court, the same shall be a reason to cancel the bail hereby granted.