Hafees vs State Of Kerala

V.G.Arun J

The petitioner is the first accused in Crime No.844 of 2023 of Thrithala Police Station. The Crime is registered alleging commission of offences punishable under Sections 341,323,324,294(b), 506(ii), 307,201,212 and 34 of Indian Penal Code.

The prosecution allegation is that the injured/first informant intervened in an altercation between the petitioner and one Safvan. Thereupon the petitioner stabbed the first informant, while the other accused assaulted him. The petitioner was arrested on 24/11/2023 and is in judicial custody.

Learned Counsel for the petitioner submitted that the investigation is almost over and the alleged weapon of offence has been recovered. Moreover the second accused has been granted bail and the accused Nos. 3 and 4 were granted anticipatory bail. It is submitted that the incident occurred when the first informant unnecessarily intervened in the dispute between the petitioner and Safvan. Even going by the prosecution version, the attack was not pre-meditated. Finally, it is submitted that the petitioner has no criminal antecedents and is ready and willing to comply with any condition imposed by this Court.

Learned Public Prosecutor opposed the prayer for bail, pointing out the gravity of the offence committed and the injury sustained by the first informant. It is submitted that, since the petitioner was arrested only on 24/11/2023 it may not be proper to enlarge him on bail within one month.

No doubt, the injuries are grave in nature. At the same time, it was not a pre-meditated attack and the petitioner has no criminal antecedents. Yet another pertinent aspect is that the second accused is granted bail and the other two accused, anticipatory bail. The weapons are recovered and the investigation is at its fag end. In such circumstances, no purpose is served by keeping the petitioner in custody. Hence, the petitioner can be enlarged on bail on strict conditions.

Accordingly, the bail application is allowed subject to the following conditions;

i) . The petitioner shall be enlarged on bail on his executing a bond for Rs.50,000/-(Rupees Fifty Thousand only) with two solvent sureties for the like sum to the satisfaction of the jurisdictional court.

ii). The petitioner shall surrender his passport within one week of his enlargement on bail.

iii). The petitioner shall report before the Investigating Officer between 10 a.m. and 11 a.m. on every Monday till the final report is filed.

iv). The petitioner shall not attempt to influence the witnesses or intimidate the first informant.

v). If any of the above condition is violated, the prosecution can move this Court for cancellation of the bail.