Surendran vs State Of Kerala

Gopinath P., J

Petitioner is the sole accused in Crime No.1087 of 2023 of Neyyar Dam Police Station registered for offences under Sections 341, 294(b), 323, 324, 506(II) and 308 of IPC. The crime is registered on the allegation that, due to enmity arising from a longstanding dispute, the petitioner, at about 7.00 a.m on 01.12.2023, stabbed the de facto complainant with a tapping knife. The petitioner was arrested on 04.12.2023 and is continuing in custody.

Learned Counsel for the petitioner submits that the incident did not happen in the manner alleged by the prosecution. It is submitted that, on 01.12.2023 at about 7.00 a.m, while the petitioner was standing in his property after tapping the rubber trees, the de facto complainant came to the spot with certain others and brutally assaulted him, alleging that the petitioner had set fire to a shop belonging to the brother of the de facto complainant. Even if the de facto complainant suffered injuries in the scuffle, the injury suffered by the petitioner is more grave in nature. Immediately after the incident, the petitioner was admitted in hospital and was arrested from there. Even though the petitioner lodged a complaint on the same day, the crime against de facto complainant and others was registered sometime later. It is submitted that the petitioner is a driver in the KSRTC and continued incarceration will impact his service also.

Learned Public Prosecutor opposed the bail application referring to the injury sustained by the de facto complainant. It is also submitted that, going by the medical certificate, injury sustained by the petitioner is not as grave as is attempted to be made out.

From the arguments advanced and the documents produced, it is evident that the petitioner also suffered injuries, during a scuffle. The petitioner has no criminal antecedents and continued incarceration may affect his employment. Moreover, the weapon of offence is recovered and the investigation is almost complete.

Hence, the bail application is allowed with the following directions;

(i) Petitioner shall be enlarged on bail, on his executing a bond for Rs.50,000/-(Rupees fifty thousand only) with two solvent sureties for the like amount to the satisfaction of the court below.

(ii) Petitioner shall report before the investigating officer every Sunday between 10.00 a.m. and 11.00 a.m till the final report is filed.

(iii) Petitioner shall not get involved in any other crime while on bail.

(iv) Petitioner shall not attempt to intimidate the de facto complainant or influence the witnesses.

(v) If the petitioner violates any of the above conditions, the Prosecution will be at liberty to approach this Court for cancellation of the bail.