Vidhun vs State Of Kerala

Mohammed Nias C.P. J

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

The petitioner is the accused in Crime No.710/2023 of Mankara Police Station, Palakkad District, for having committed offences punishable under Sections 34, 324 and 308 of the Indian Penal Code.

The allegation against the petitioner is that,  on 18/08/2023 at about 1. 30 p.m., at a place called Bharathakkad, since the first informant had not invited the petitioner for after death ceremonies of his uncle with a surgical blade, the petitioner tried to assault the first informant and attempted to commit culpable homicide not amount to murder. The first informant and his friend Sajith both sustained injuries in the incident and thus committed the above offence.

The learned counsel appearing for the petitioner would say that the petitioner is totally innocent and falsely implicated with ulterior motives. At any rate, he points out that the petitioner has been in custody since 18/08/2023, and continued custody of the petitioner is unnecessary.

The learned public prosecutor opposed the petition.

After having considered the submissions of the learned counsel for the petitioner and learned Public Prosecutor and taking into account the fact and the nature of the accusations against the petitioner, the fact that he has been in custody since 18/08/2023, that no apprehension being raised by the prosecution that if released on bail the petitioner is likely to abscond, in spite of one criminal antecedent reported against the petitioner, I am inclined to grant bail under such circumstances. Accordingly, this application is allowed, and the petitioner is granted bail subject to the following conditions:-

(i) The petitioner shall be released on bail on 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 jurisdictional Court;

(ii) The petitioner shall report before the Investigating Officer every Saturday between 9 a.m. and 10 a.m. till the final report is laid;

(iii) The petitioner shall not tamper or attempt to tamper with the evidence or influence or try to influence the witnesses;

(iv) The petitioner shall not be involved in any other crime while on bail.

(v) If any of the conditions are violated, the court concerned will be empowered to take steps for cancellation of bail as per law.