Unni P.R. vs State Of Kerala

Viju Abraham, J

This is an application for regular bail.

The petitioner is the accused in Crime No.347/2022 of Edathala Police Station, Ernakulam, alleging commission of offence punishable under Sections 308 and 324 r/w 34 of the Indian Penal Code.

The prosecution allegation is that, on 10.05.2022, at 10.00 PM, at the ground below Kunjattukara Higher Secondary School, the petitioner attempted to stab the defacto complainant several times with a sword like knife and the defacto complainant evaded and the petitioner again stabbed and caused deep wound below the left knee of the defacto complainant.

4 .The learned counsel for the petitioner submitted that the petitioner was arrested on 11.05.20222 and that he is continuing in custody. It is also submitted that the petitioner has no other criminal antecedents.

The learned Public Prosecutor seriously opposed  the bail application, but submitted that the petitioner has no criminal antecedents.

Having regard to the facts and circumstances of the case, considering the nature of the allegations and considering the fact that the petitioner is a first time offender and he is in custody from 11.05.2022 onwards, 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 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.347/2022 of Edathala Police Station, Ernakulam 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.347/2022 of Edathala Police Station, Ernakulam;

(iv) The petitioner shall surrender his passport before the jurisdictional court. If the petitioner does not have a passport, he shall execute an affidavit to that effect and file the same before the said court within seven days of release on bail;

(v) 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.347/2022 of Edathala Police Station, Ernakulam may file an application before the jurisdictional court, for cancellation of bail.