Aji vs State Of Kerala

A. Badharudeen, J

The sole accused, who is none other than the son-in-law of the defacto complainant, is the petitioner herein, and he canvasses regular bail after being custody from 10.12.2021 in Crime No.860/2021 of Parippally Police Station.

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

The prosecution allegation is that on 9.12.2021 at about 9 P.M., the accused herein uttered obscene words against the defacto complainant, who is his father-in-law, and beat on his forehead by using a stick with intention to commit murder. Though, the defacto complainant sustained serious injuries, he survived. This is the base on which the prosecution alleges commission of offences under Secs.341, 294(b), 506(ii), 323, 324 & 307 of the IPC.

The learned counsel for the petitioner would submit that the matter in between the defacto complainant and the accused (father-in-law and son-in-law) has been amicably settled, and further custody of the petitioner would be fatal.

The learned Public Prosecutor also conceded the fact that the accused and the defacto complainant are father-in-law and son-in-law respectively. The learned Public Prosecutor doesn't know is there any settlement or not. It is to be noted that, since non compoundable offence under Sec.307 of the IPC is also alleged, the so called settlement is of no significance. However, the progress of investigation as well as the relationship between the parties are matters to be taken note of, in order to avoid matrimonial discord in between the daughter of the defacto complainant and the accused.

It is submitted by the learned Public Prosecutor that recovery of the weapon alleged to be used to commit the offence has been recovered.

In such a case, I am of the view that the petitioner can be released on bail in the interest of justice. Accordingly, the petition is allowed.

In the result, this petition is allowed on the following conditions:

The petitioner shall be released on bail on his executing bond for ₹30,000/- with two solvent sureties, each for the like amount to the satisfaction of the Magistrate Court concerned.

The petitioner shall co-operative with COVID-19 restrictions.

The petitioner shall not intimidate the witnesses or tamper with evidence. He shall co-operative with the investigation and shall be available for trial.

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

The petitioner shall not, directly or indirectly, make any inducement, threat or promise 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.

The petitioner shall not involve in any other offence during the currency of bail and any such event, if reported or came to the notice of this court, the same shall be a reason to cancel the bail hereby granted.