Arafath E.P vs State Of Kerala

Bechu Kurian Thomas, J

This is an application for regular bail filed under Section 439 of the Code of Criminal Procedure, 1973.

Petitioner is the first accused in S.C.No.98 of 2023 on the files of the Additional Sessions Court, Tirur, arising out of Crime No.819 of 2022 of Tanur Police Station, Malappuram. The offences alleged against the petitioner are under Sections 341, 324 and 307 r/w Section 34 of the Indian Penal Code, 1860.

According to the prosecution, the accused had wrongfully restrained the defacto complainant and attempted to kill him by piercing a sharp edged iron hook into his mouth and thereby committed the offences alleged.

Sri.Shabu Sreedharan, the learned counsel for the petitioner contended that the entire prosecution allegations are false and the incident as alleged had not occurred. It was further submitted that petitioner was arrested on 23.11.2022 and has been in custody since then.

Sri.C.N.Prabhakaran, the learned Public Prosecutor opposed the application and submitted that petitioner is involved in several other crimes and that the present crime was committed while he was enjoying the bail granted in S.C.No.258 of 2022 and therefore, petitioner ought not to be released on bail.

I have considered the rival contentions.

Today, this Court had already granted bail to the petitioner in S.C.No.258 of 2022 wherein the bail initially granted to him in that case was cancelled due to the commission of offence in Crime No.819 of 2022 of Thanur Police Station. Petitioner has been in custody since 24.11.2022. Even though it is alleged that a sharp edged iron hook was used to pierce his mouth, on a perusal of the records, it is noticed that it was a fishing hook that was used resulting in tearing of the cheek of the defacto complainant.

Taking into reckoning the nature of the offences alleged against the petitioner and the circumstances arising therein, including the period of detention already undergone, I am satisfied that the petitioner is entitled to be released on bail.

Accordingly, I allow this bail application 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 co-operate with the trial of the case.

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

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

(e) Petitioner shall not leave the country without the permission of the jurisdictional Court.

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.