Sandeep vs State Of Kerala

P.G. Ajithkumar, J

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

The petitioner is the accused in Crime No.24 of 2024 of Chalakkudy Police Station. He allegedly had committed the offences punishable under Sections 341, 308 and 506 of the Indian Penal Code, 1860.

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

The prosecution allegation is that at about 9.45 p.m. on 05.01.2024 the petitioner threatened the defacto complainant and kicked at her abdomen. Solely because her elder son intervened and separated, the petitioner could not inflict more injuries, which if inflicted, would have resulted the death of the defacto complainant.

The learned Public Prosecutor would submit that considering the seriousness of the offence and the possibility of interfering with the investigation by the petitioner in the event of his release on bail, this petition deserves only to be dismissed.

Having heard the learned counsel appearing for the petitioner and the learned Public Prosecutor, and considering the nature and gravity of the offence, further detention of the petitioner is unnecessary. I am therefore of the view that the petitioner is entitled to be released on bail.

In the result, the bail application is allowed and the petitioner is granted bail on his executing a bond for Rs.50,000/- (Rupees fifty thousand only), with two solvent sureties for the like amount each, to the satisfaction of the learned Magistrate, subject to the following conditions:

(i) He shall not influence or intimidate witnesses or tamper with evidence;

(ii) shall appear before the investigating officer as and when called for;

(iii) He shall not enter the local limits of Chalakkudy Police Station except for complying with condition No.(ii) until altered by the jurisdictional court; and

(vii) During the bail period, he shall not get involved in any offence.

In case of breach of the bail conditions, the prosecution shall be at liberty to apply for cancellation of the bail before the jurisdictional court.