Yusaf vs State Of Kerala

This is an application for regular bail.

The petitioner is the accused in Crime No.129/2019 of Thadayittaparamba Police Station, registered for the offence punishable under Section 307 of the Indian penal Code.

The petitioner has been in custody since 17.4.2019.

The prosecution allegation is that on 18.3.2019, he had stabbed the defacto complainant on the right side of his neck with an intention to cause murder and thereby committed the offence as aforesaid.

Heard the learned counsel for the petitioner as well the learned Public prosecutor.

Learned counsel for the petitioner has submitted that the petitioner is totally innocent and he has not committed any offence as alleged. It is also submitted that he is the landlord of the building where the defacto complainant is a tenant. The defacto complainant was not regular in paying rent of the building occupied by him and thus there was arrears of more than seven months. On the date of the incident, the petitioner approached the defacto complainant demanding the defaulted rent. But, he refused to pay the same and there arose some scuffle between them and thus a minor injury has been sustained by the defacto complainant. In fact the petitioner is a patient who is undergoing regular treatment in the Medical College. His only son is a student and the petitioner has no criminal antecedents.

Learned Public prosecutor has submitted that the investigation of the case is well in progress. It is also revealed from the records that the material object involved in this case has already been recovered.

Considering the present stage of investigation and the entire facts involved in this case as well the fact that the petitioner has been in custody since 17.4.2019, I am inclined to release him on bail subject to the following conditions.

(i). The petitioner shall be released on bail on his 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 below.

(ii). He shall appear before the Investigating Officer for interrogation as and when required by him, in writing.

(iii). He shall not intimidate or attempt to influence the witnesses, nor shall he tamper with the evidence.

(iv). He shall not commit any offence while he is on bail.

(v). In case of violation of any of the above conditions, the learned Magistrate concerned is empowered to cancel the bail in accordance with law.

Allowed.