Prakash vs State Of Kerala

Shircy V, J

This second application for bail has been filed by the 1st accused in Crime No.427 of 2021 of Sakthikulangara police station registered for the

offences punishable under Sections 302 and 341 read with Section 34 of the Indian Penal code, who is undergoing incarceration since 13.6.2021.

The prosecution case is that on 13.06.2021 at about 9.30 a.m one Vishnu, the deceased along with his friend was driving a motor cycle through the

public road. The petitioner along with the other accused was also riding a bike. There arose some altercation between them for not permitting the

accused to overtake the vehicle. However, the dispute was settled by the intervention of some local people. Thereafter, at about 12.30 hours, the

petitioner along with the other accused came in his motor cycle with a dagger and wrongfully restrained the deceased and his friend and the petitioner

with the sharp edged dagger stabbed on his chest with the intention to cause his death. Though he was rushed to the hospital, he succumbed to the

injuries on the same day and thereby the petitioner along with the other accused have committed the aforesaid offences.

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

The learned counsel for the petitioner submits that though he is innocent, he is undergoing unnecessary incarceration for more than 6 months and

now the investigation of the case is over and charge sheet has been submitted before the jurisdictional court and hence, it is quite unnecessary to keep

him in custody for a further period of time and hence, this application.

The learned Public Prosecutor also submitted that the investigation of the case is over and charge sheet has been submitted before the jurisdictional

court on 13.9.2021 and now the case is pending before the IIIrd Addl. Sessions court as S.C. No.1297 of 2021.

This court has considered his bail application along with the application submitted by the 2nd accused and he alone was released on bail by an order

dated 4.10.2021 .

Of-course the allegations alleged against this petitioner is grave and serious in nature . But now the investigation of the case is over and it is pending

for trial before the trial court. The petitioner has no criminal background. It is also to be noted that the prosecution could not point out any materials on

record to convince this court that further detention of this petitioner is required and custodial trial is inevitable in this case. In the absence of sch

materials, I find that this petitioner can also be released on bail imposing stringent conditions:

(i) The petitioner shall be released on bail on his executing bond for a sum of Rs.1,00,000/- (Rupees one lakh only) with two solvent sureties for the like sum each to

the satisfaction of the court having jurisdiction.

(ii) He shall co-operate with the trial of the case.

(iii) 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 before the court.

(iv) The petitioner shall not commit any offence while on bail.

In case of violation of any of the above conditions, the jurisdictional court is at liberty to cancel the bail in accordance with the law.