Thanseer vs State Of Kerala

Dr. Kauser Edappagath, J

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

The applicant is the accused No.1 in Crime No.344/2023 of Mattancherry Police Station, Ernakulam. The offences alleged are punishable under Sections 143, 147, 148, 149, 323, 324, 326, 367, 308 and 506(i) read with Section 34 of the IPC.

The prosecution case, in short, is that an altercation occurred on 27.2.2023 at 10 pm between the applicant and the defacto complainant. Due to that enmity, on 28.2.2023 at about 2.30 am, 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 stabbed on his stomach, with the intention to kill him and thereby committed the offences.

I have heard Adv. D. Leema Rosy, the learned counsel for the applicant and Adv. E.C. Bineesh, the learned 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 25.5.2023. It is true that the allegation is serious in nature and

the applicant has criminal antecedents. However, the investigation is over and final report has already been filed. In these circumstances, I am of the view that further detention of the petitioner is not necessary.

In the result, the application is allowed on the following conditions: -

(i) The applicant 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 Magistrate/Court.

(ii) The applicant shall not commit any offence of a like nature while on bail.

(iii) The applicant shall not 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.

(iv) The applicant shall not leave the State of Kerala without the permission of the trial Court.

(v) The application, if any, for deletion/modification of the bail conditions or cancellation of bail on the grounds of violating the bail conditions shall be filed at the jurisdictional court.