Abdul Rahiman Faris vs State Of Kerala Represented By The Public Prosecutor

Jobin Sebastian, J

This application seeking regular bail has been fled by the 1st accused in crime No.896/2025 of Ottappalam Police Station, registered alleging commission of offences punishable under Section 126(2), 115(2), 118(1), 110 r/w 3(5) of Bharatiya Nyaya Sanhita (for short “BNS”).

Prosecution allegation is that, due to a previous animosity towards the de facto complainant, on 06.10.2025, at 8:30 p.m., the accused Nos.1 to 5, in furtherance of their common intention at Pathirippala - Pookkattukunnu Road, wrongfully restrained the de facto complainant, and the 1st accused stabbed on his left arm with a knife, and the 2nd accused hit on his left fnger using a country stone. In the meantime, the 3rd accused kicked the chest of the de facto complainant, and the 4th and 5th accused beat him using their bare hands. If the de facto complainant had not warded off the attack of the 1st accused using the knife, his death would have occurred. Hence, the accused is alleged to have committed the above-said offences.

Heard the learned counsel appearing for the petitioner and the learned Public Prosecutor and pursued the records.

The allegation that the petitioner, along with the other accused, attacked the de facto complainant using weapons cannot be viewed lightly. From a perusal of the available records, it is gatherable that the accusation levelled against the petitioner is prima facie well-founded. There is a specifc allegation that the petitioner, who is arrayed as the 1st accused in this case, stabbed the left hand of the de facto complainant with a knife. Virtually, the main overt act is assigned to the petitioner. Anyhow, the petitioner was arrested in this case on 21.11.2025, and since then, he has been under judicial custody. The knife allegedly used by the petitioner has reportedly been recovered. As the investigation in this case has progressed substantially and is on the verge of completion, further judicial incarceration of the petitioner will serve no purpose. Hence, having regard to the days of detention already undergone by the petitioner and the present stage of investigation, I am inclined to grant bail to the petitioner on the following conditions:-

The petitioner shall execute 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 jurisdictional Court.

The petitioner shall appear before the Investigating Offcer on every Monday and Friday between 10 a.m. and 11 a.m. for a period of three months or until the fnal report is fled, whichever occurs frst.

The petitioner shall also appear before the investigating offcer on as and when required and shall co-operate with the investigation.

The petitioner shall not commit any offence while on bail.

If the petitioner violates any of the above conditions, the investigating offcer shall be at liberty to fle an appropriate application for cancellation of bail before the jurisdictional court. Upon such application being fled, the jurisdictional court may pass appropriate orders, notwithstanding the fact that the bail was granted by this Court.