Vishnu vs State Of Kerala

C.S.Dias, J

The application is filed under Section 439 of the Code of Criminal Procedure, 1973, by the first accused in Crime No.1332/2023 registered by the Vilappilsala Police Station, alleging the commission of the offences under Sections 294(b), 324 and 308 r/w Section 34 of the Indian Penal Code. The petitioner was arrested on 3.11.2023 The application for bail was dismissed by the Court of Session, Thiruvananthapuram in Crl.M.C No.2980/2023 on 2.12.2023.

The prosecution case, in brief, is that: on 29.8.2023, at about 5 p.m., the accused, two in number attacked the de facto complainant with dangerous weapons and attempted to murder him. The first accused used a chopper and aimed at the head of the de facto complainant, but fortunately he evaded it and the chopper hit on the left cheek of the de facto complainant and caused a deep injury. The second accused hit the de facto complainant on his head with a fire wood. Thus, the accused have committed the above offences.

Heard; Sri. Sabu S. (Kallaramoola) the learned counsel appearing for the petitioner and Smt. Neema P.V. the learned Public Prosecutor appearing for the respondent.

The learned counsel appearing for the petitioner submitted that the petitioner is absolutely innocent on the accusation levelled against him. He was arrested as early as on 3.11.2023. The investigation in this case is completed and the final report has been laid on 20.11.2023. Moreover, the second accused has already been enlarged on bail by the Court of Sessions. Therefore, the further detention of the petitioner is not necessary. Hence, the bail application may be allowed.

The learned Public Prosecutor, on instructions, submitted that the final report has been laid on 20.11.2023.

After bestowing my anxious consideration to the facts and circumstances of the case, particularly taking note of the fact that the petitioner was arrested on 3.11.2023, that investigation in the case is completed and the final report has been laid on 20.11.2023, and that the further detention of the petitioner is unnecessary, I am of the view that the bail application is to be allowed.

In the result, the application is allowed, by directing the petitioner to be released on bail on him executing a bond for Rs.1,00,000/- (Rupees One lakh only) with two solvent sureties each for the like sum, to the satisfaction of the court having jurisdiction, which shall be subject to the following conditions:

(i) The petitioner shall appear before the Investigating Officer as and when directed.

(ii) The petitioner shall  not  directly or indirectly make any inducement, threat or procure to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any Police Officer or tamper with the evidence in any manner, whatsoever;

(iii) The petitioner shall not commit any offence while he is on bail;

(iv) In case of violation of any of the conditions mentioned above, the jurisdictional court shall be empowered to consider the application for cancellation of bail, if any filed, and pass orders on the same, in accordance with law.

(v) Applications for deletion/modification of the bail conditions shall be filed and entertained before the court below.