Thomas P.M @ Biju vs State Of Kerala

A. Badharudeen, J

Regular bail plea at the option of the sole accused in Crime No.237 of 2022 of the Chittarikal Police Station is a matter on consideration, in this petition filed under Section 439 of the Cr.P.C.

Heard the learned counsel for the petitioner as well as the learned Public Prosecutor. The precise allegation of the prosecution is that on 31.03.2022 at about 14 hours, the accused herein assualted the de-facto complainant with intention to do away him and thereby the de-facto complainant sustained serious injuries, though the attempt was failed. On this ground, the prosecution alleges commission of offences under Sections 447, 324 and 308 of the Indian Penal Code.

The learned counsel for the petitioner would submit that the petitioner is innocent and the entire allegations are false. He also submitted that the petitioner has been in custody from 04.04.2022 and his further custody for the purpose of investigation is not necessary. He also highlighted the stature of the petitioner as a first time offender.

The learned Public Prosecutor has produced the case diary materials and opposed the bail. But, he submitted that the petitioner has no involvement in any other crimes.

Having appraised the rival arguments and on perusal of the case diary, it would appear that the investigation is practically over and the further custody of the petitioner is not necessary for the purpose of investigation. Further he has no criminal antecedents too. In view of the matter, the petitioner is liable to be released on bail on the following conditions:

i. The petitioner shall be released on bail on his executing bond for Rs.30,000/- (Rupees Thirty Thousand Only) with two solvent sureties, each for the like amount to the satisfaction of the jurisdictional Court concerned.

ii. The petitioner shall co-operate with COVID-19 restrictions.

iii. The petitioner shall not intimidate the witnesses or tamper with evidence. He shall co-operate with trial and shall be available for trial.

iv. The petitioner shall not leave the jurisdiction without prior permission of the trial court.

v. The petitioner shall surrender his passport, if any, within 7 days from the date of his release, before the trial court. If he has no passport, he shall file an affidavit in this regard on the date of execution of the bond or within 3 days thereafter.

vi. The petitioner shall not involve in any other offence during the currency of bail and any such event, if reported to came to the notice of this court, the same shall be a reason to cancel the bail hereby granted.