Sunil vs State Of Kerala

Viju Abraham, J

This is an application for regular bail.

The petitioner is arrayed as the sole accused in Crime No. 550/2022 of Kanjiramkulam Police Station, Thiruvananthapuram District, alleging commission of offences punishable under Sections 294(b), 341, 323, 324, 308 of I.P.C.

The prosecution allegation is that on 11.07.2022 at about 3 PM, due to previous enmity, the accused stabbed the defacto complainant with the knife. According to the defacto complainant he and his friends went to attend a marriage function at Drisya Auditorium and they were consuming alcohol behind the auditorium then there was altercation between two groups who were consuming alcohol. The defacto complainant’s friend Nidhin and the accused picked up a quarrel and the accused suddenly took a small knife from his pocket and attempted to stab Nidhin which was prevented by the defacto complainant and in the melee that followed he sustained injuries and thereby committed the aforesaid offences.

The learned counsel for the petitioner submitted that the petitioner has been falsely implicated in the aforesaid crime. The case of the petitioner is that on 11.07.2022 the petitioner went to attend a marriage and there occurred some altercation and in the said incident petitioner also sustained injuries as it is evident from Annexure-C. Learned counsel further submitted that the petitioner was arrested on 17.07.2022 and he is in custody since then and further submitted that he has no other criminal antecedents

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

Considering the facts and circumstances of the case and the nature of the allegations and considering the fact that the petitioner is in custody from 17.07.2022 onwards and he has no other criminal antecedents, I am inclined to grant bail to the petitioner subject to stringent conditions. In the result, the bail application is allowed. It is directed that the petitioner shall be released on bail, subject to the following 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) Petitioner shall appear before the investigating officer in Crime No. 550/2022 of Kanjiramkulam Police Station, Thiruvananthapuram District, on every Saturday at 11 am, until filing of final report;

(iii) The petitioner shall not attempt to interfere with the investigation or to influence or intimidate the defacto complainant or any witness in Crime No. 550/2022 of Kanjiramkulam Police Station, Thiruvananthapuram District,

(iv) 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. 550/2022 of Kanjiramkulam Police Station, Thiruvananthapuram District, may file an application before the jurisdictional court, for cancellation of bail.