Shaji vs State Of Kerala

A. Badharudeen, J

This is an application filed under Section 439 of Cr.PC canvasing regular bail by the sole accused in Crime No.1244 of 2021 of Thalayolaparambu Police Station, where he alleged to have committed offences under Sections 447, 323 and 308 of the Indian Penal Code, 1860.

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

Perused the records placed by the learned Public Prosecutor .

The prosecution allegation is that, on 25.09.2021, at about 7.30 pm the petitioner herein had trespassed into the residential premises of the defacto complainant and inflicted a stab injury on the left side of his abdomen in his attempt to do away the defacto complainant. The further allegation is that the accused assaulted on the face of the defacto complainant also.

It  is  submitted  by  the  learned  counsel  for  the petitioner that the petitioner is innocent. According to him, a property dispute and denial of right of way led to the occurrence and the accused has been in custody for the last 29 days, since he was arrested on 1.12.2021. It is submitted further that the obstruction of way is the immediate cause for the occurrence.

The learned Public Prosecutor opposed to bail. But he conceded that the petitioner has no criminal antecedents and the motive behind the crime is the obstruction of way available to the defacto complainant by the accused.

Going through the available records, the investigation seems to have achieved much progress and the defacto complainant sustained only 0.5 cm injury on his abdomen. Taking into consideration the facts and circumstances of the case and also noticing the progress of investigation, in this case, where the petitioner has been in custody from 1.12.2021, I am inclined to release him on bail on conditions, as his custody further is not necessary in this case.

In the result, the application is allowed on conditions:

The petitioner shall be released on bail on his executing bond for Rs.30,000/- with two solvent sureties, each for the like amount to the satisfaction of the Magistrate court concerned.

The petitioner shall co-operate with COVID-19 restrictions.

The petitioner shall not intimidate the witnesses or tamper with evidence. He shall co-operate with the investigation and shall be available for trial.

The petitioner shall appear before the Investigation Officer as and when directed.

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 to the court or to any police officer.

The petitioner shall not involve in any other offence during the currency of bail and any such event, if reported or came to the notice of this Court, the same shall be a reason to cancel the bail hereby granted.

It is specifically ordered that the petitioner/accused shall not obstruct the use of the alleged pathway available through the property of the accused until further orders by this Court or till the matter will be subjected to the jurisdiction of a competent civil Court.