Sourav.P. 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 1st accused in Crime No.32 of 2023 of Kannavam Police Station. He allegedly had committed the offences punishable under Sections 341, 324, 427 and 308 read with Section 34 of the Indian Penal Code, 1860.

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

The prosecution allegation is that on 17.01.2023 at about 20.30 hours, accused Nos.1 and 2 wrongfully restrained the de facto complainant at a place called Kittanmash Peedika, Cheruvancherry amsom and the 1st accused voluntarily caused hurt to the de facto complainant by stabbing with a knife, which was warded off by the de facto complainant. The accused did so with the knowledge and intention that if death was accused by his act, he would be guilty of culpable homicide not amount to murder. They also committed mischief to the tune of Rs.5,000/- by destroying the bike bearing Reg.No.KL-58-AC-8376 owned by the de facto complainant.

The petitioner would contend that he did not involved in the alleged crime and without any material or evidence, he has been implicated in the crime and that he is innocent. The investigation in the matter has been progressed considerably and there is no reason or justification for his further detention.

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.

Final report in the matter has been filed. The petitioner has been in custody since 20.01.2023. From the materials on record, it is seen that apart from causing hurt to the de facto complainant, damage to the tune of Rs.5,000/-was caused to the motor cycle also. Since the final report has already been filed, detention of the petitioner during the pendency of the trial is unnecessary. Hence, I am of the view that this application is liable only to be allowed.

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

(iii) During the bail period, he shall not get involved in any offence; and

(iv) The petitioner shall deposit Rs.5,000/- before the jurisdictional Magistrate, which is cost of damages caused to the motor cycle of the defacto complainant.

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.