Vishnu vs State Of Kerala

Bechu Kurian Thomas, J.

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

Petitioner is the accused in Crime No.432 of 2023 of Aluva East Police Station, Ernakulam, alleging offences punishable under Sections 341, 323, 324, 308 and 427 read with Section 34 of the Indian Penal Code, 1860.

According to the prosecution, the accused had, on 06.05.2023, assaulted the defacto complainant and also caused damage to his vehicle and thereby committed the offences alleged.

I have heard Sri.P.A.Ismail, learned counsel for the petitioner as well as Sri.K.A.Noushad, learned Public Prosecutor.

The petitioner is involved in six other crimes including a crime alleging offence under Section 307 of the Indian Penal Code. Even though the antecedents of the petitioner is not all that honourable, considering the nature of allegations and the period of detention already undergone from 08.05.2023 and also since the final report has already been filed, I am of the view that petitioner can be released on bail on stringent conditions.

Accordingly, this application is allowed on the following conditions:-

(a) Petitioner shall be released on bail on him 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 court having jurisdiction.

(b) Petitioner shall co-operate with the trial of the case.

(c) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he attempt to tamper with the evidence.

(d) Petitioner shall not commit any similar offences while he is on bail.

(e) Petitioner shall not leave the country without the permission of the jurisdictional Court.

In  case  of  violation  of  any  of  the  above  conditions,  the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law, notwithstanding the bail having been granted by this Court.