High CourtsSingle Bench(2024) 05 KL CK 0190

Roshan Jacob Oommen vs State Of Kerala

High Court Of Kerala · Decided on 23 May 2024

HON’BLE JUDGES
P.Somarajan, J
RESULT
Allowed
CASE NUMBER
Bail Application No. 2746 Of 2024

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Judgment

9 paragraphs · 394 words

P.Somarajan, J

1.

This is an application for regular bail under Section 439 of the Code of Criminal Procedure by the sole accused.

2.

The crime was registered against the accused for the offence punishable under Section 341, 323, 324, 308 & 506 IPC. The allegation is that on 22.10.2023 at about 11.15 p.m. the accused unlawfully trespassed into the house of the defacto complainant and inflicted very serious injuries on his cheek extending to 12x1x1 cm in length. The nature of injuries reported in the wound certificate, an incised wound, would prima facie show that it was caused by using a sharp-edged weapon like a knife alleged to have been used for the commission of offence. It happened at the odd hours of 22.10.2023. But it is fairly submitted that the accused is a neighbour and is having some relation with the defacto complainant and they were having some property dispute. He was arrested on 06.12.2023. He is an advocate by profession and he has been in detention for the last more than five months and twenty four days. Several bad antecedents were also reported against the petitioner.

3.

It is submitted by the learned counsel for the petitioner that the investigation was completed and the final report was already laid before the court concerned. Committal proceedings are pending and as such further detention of the accused is not warranted. In the said circumstances, bail can be granted with stringent conditions. Bail is granted to the petitioner on executing a bond for Rs. 1,00,000/- (Rupees One Lakh only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. The granting of bail will be subjected to the following conditions:

a) The  accused  shall  appear  before  the investigation officer on all alternative days for a period of three months and thereafter, on Monday and Saturday for a period of another six months.

b) He shall not leave the jurisdiction of this Court without prior permission of this Court.

C) He shall not indulge in any such offence in the future or any other offence during the period of bail.

d) He shall not directly or indirectly cause any threat or coercion to the victim or any of his relatives or the witness involved in the case.

e) He shall appear promptly before the Court as and when required.