Suresh vs State Of Kerala

Bechu Kurian Thomas, J

This is an application for regular bail filed under Section 439 of the Code of Criminal Procedure, 1973.

Petitioner is the sole accused in Crime No. 1671/2022 of Central Police Station, Ernakulam, alleging offences punishable under Sections 308 and 506 of the Indian Penal Code, 1860.

According to the prosecution, due to previous enmity, the accused attacked the defacto complainant inside a bar and took out a blade and attempted to commit culpable homicide by injuring the neck of the defatcto complainant and thereby committed the offences alleged.

Smt. P. Mamatha, the learned counsel for the petitioner contended that the entire prosecution allegations are false and the incident as alleged had not occurred. It was further submitted that petitioner was arrested on 19.01.2022 and that he has been in custody since then.

Sri. P.G.Manu, the learned Public Prosecutor, opposed the application and submitted that the petitioner is a habitual offender and that if released on bail, prejudice would be caused to the investigation.

I have considered the rival contentions.

On a perusal of the circumstances of the case and the documents produced, I am of the view that even though, the act alleged against the petitioner is serious in nature, considering the period already undergone from 19.01.2022, I am of view that the further detention would amount to punishment before conviction.

Accordingly, this application is allowed on the following conditions:-

(a) Petitioner shall be released on bail on him 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 court having jurisdiction.

(b) Petitioner shall co-operate with the trial of the case.

(c) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he attempt to tamper with the evidence.

(d) Petitioner shall not commit any other offences while he is on bail.

(e) Petitioner shall not leave the country without the permission of the jurisdictional Court.

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