Vivek @ Vasu 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 second accused in Crime No.563 of 2023 of Malayinkeezhu Police Station, Thiruvananthapuram District, alleging offences punishable under Sections 450, 294(b), 323, 324, 326, 307, 506(ii) and 427 read with Section 34 of the Indian Penal Code, 1860.

According to the prosecution, on 04.05.2023, at about 1.00 A.M., accused trespassed into the house of the defacto complainant and attacked them with a sword and when the same was attempted to be prevented by the defacto complainant he sustained serious injuries and thereby committed the offences alleged.

I have heard Smt.K.L.Lakshmi Rani, learned counsel for the petitioner, as well as Smt.T.V.Neema, learned Public Prosecutor.

Having regard to the nature of overt acts alleged against the petitioner and also the period of detention already undergone from 05.05.2023, I am of the view that further detention of the petitioner is not essential. The specific overt act of attacking the defacto complainant with a sword is in fact attributed to the first accused. In the above circumstances, I am satisfied that the petitioner can be released on bail on conditions:

In the result, 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 appear before the Investigating Officer as and when required.

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

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

(e) Petitioner shall not leave India without the permission of the Court having jurisdiction.

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.