Thanseer vs State Of Kerala

Dr Kauser Edappagath, J

This application is filed u/s 439 of the Code of Criminal Procedure seeking regular bail.

The applicant is the accused No.1 in Crime No.344/2023 of Mattanchery Police Station. The offences alleged are punishable under Sections 143, 147, 148, 149, 323, 324, 326, 367, 308, 506(i) r/w 34 of the Indian Penal Code.

The prosecution case, in short, is that an altercation occurred on 27/02/2023 at 10 p.m between the applicant and the defacto complainant. Due to that enmity, on 28/02/2023 at about 2.30 a.m., the applicant along with the remaining accused formed an unlawful assembly with an intention to do away with the defacto complainant. In prosecution of the common object, he assaulted the defacto complainant with a glass piece on his head and also slabbed on his stomach, with the intention to kill him and thereby committed the offences.

I  have  heard  Smt.D.Leema  Rosy,  the  learned counsel for the applicant and Smt.S.Seetha, the learned Senior Public Prosecutor. Perused the case diary.

The learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case. The counsel further submitted that no materials are on record to connect the applicant with the alleged crime; hence, he is entitled to get bail. On the other hand, the learned Public Prosecutor submitted that the alleged incident occurred as a part of the intentional criminal acts of the applicant, and he is not entitled to bail at this stage.

The applicant was remanded to judicial custody on 25/05/2023. A perusal of the case diary would reveal that the accusation against the applicant is very serious, and it prima facie shows a premeditated criminal act on his part. The injury sustained by the defacto complainant is serious in nature. Moreover the applicant has strong criminal antecedents. There are twelve cases against him.

Considering the nature of the crime, how the petitioner is alleged to have complicity in it, and the facts and circumstances mentioned above, I am of the view that the applicant cannot be released on bail at this stage. The bail application, accordingly, is dismissed.