Rajeev vs State Of Kerala

K.Babu, J

This is an application filed under Section 439 of the Code of Criminal Procedure.

The petitioner is the sole accused in Crime No.620/2022 of Kaliyar Police Station. The offences alleged against the petitioner are punishable under Sections 302 and 450 of the Indian Penal Code.

The prosecution case is that during the intervening hours of 16.10.2022 and 17.10.2022 between 05.30 pm and 09.00 am, the petitioner tresspassed into the hall room of the house of one Jobin (the deceased) armed with a chopper and inflicted cut injuries on him. Jobin succumbed to the injuries.

The petitioner was arrested on 17.10.2022 and has been in judicial custody since then.

Heard the learned counsel for the petitioner and the learned Public Prosecutor.

The learned counsel for the petitioner submitted that this is a case in which the final report has already been filed and thereafter further detention of the petitioner is not required.

The learned Public Prosecutor opposed the bail plea of the petitioner on the ground that he is involved in many other cases.

This is a case in which the final report has been submitted and the matter is pending before the file of the III-Additional Sessions Court, Thodupuzha as S.C.No.123 of 2023.

The learned Public Proseuctor submitted that if the petitioner is released on bail, there is a chance that he will intimidate the witnesses. No concrete material has been placed before the Court in support of the contenitons of the learned Public Prosecutor.

Having regard to the tenure of judicial custody undergone by the petitioner, this Court is of the view that the petitioner is entitled to be released on bail on conditions.

In the result, the Bail Application is allowed as follows:

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

(b) The petitioner shall appear before the Investigating Officer on all Mondays and Fridays between 10 A.M. and 11 A.M. for a period of three months or till the final report is filed, whichever is earlier.

(c) The petitioner shall not try to influence the prosecution witnesses or attempt to tamper with the evidence.

(d) The petitioner shall not enter jurisdictional limits of Kaliyar Police Station until further orders.