Bail Appl./10540/2022 of BALU Vs STATE OF KERALA on 30 December 2022

IN THE HIGH COURT OF KERALA AT ERNAKULAMPRESENT

THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR

FRIDAY, THE 30[TH] DAY OF DECEMBER 2022 / 9TH POUSHA, 1944

BAIL APPL. NO. 10540 OF 2022

CRIME NO.1709/2022 OF Karunaagapally Police Station, Kollam AGAINST THE ORDER/JUDGMENTCMP 3941/2022 OF JUDICIAL MAGISTRATE OFFIRST CLASS - I, KARUNAGAPPALLY

PETITIONER/ACCUSED:

BALU, AGED 34 YEARSS/O BABU, KULACHIRA VEEDU,PURAKKADU CHERI, AMPALAPPUZHA VILLAGE, NOW RESIDING AT VRINDAVANAM VEEDU, KALARIVATHUKKAL MURI,KULASEKHARAPURAM VILLAGE,KOLLAM, KERALA, PIN - 690544BY ADV M.R.SASITH

RESPONDENT/S:

STATE OF KERALAREPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031

BY ADV.NIMA JACOB, PUBLIC PROSECUTOR

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON

30.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

P.G. AJITHKUMAR, J.

------------------------------- B.A.No. 10540 of 2022

-------------------------------------------------------- Dated this the 30[th] day of December, 2022 O R D E R

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

2. The petitioneris the sole accused in Crime No.1709of 2022 of Karunagappally Police Station. He allegedly hadcommitted the offences punishable under Sections 447, 294(b),324 and 308 of the Indian Penal Code, 1860.

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

4. The prosecution allegation is that, on 16.12.2022, at11.30 PM, the accused, due to some previous enmity towardsthe de facto complainant, trespassed into her residentialcompound and used abusive language against her husband.The petitioner tried to stab with a sword on the neck of thehusband of the de facto complainant. If the above attack wasnot warded off by the de faco complainant, it would haveresulted in his death. Thus, the petitioner has committed the BAIL APPL. NO. 10540 OF 2022 3

offences alleged against him.

5. The petitionerwould contend that hedid not involve in the alleged crime and without any material or evidence, hehasbeen implicated in the crime. He is innocent. The investigationin the matter has been progressed considerably and there is noreason or justification for his further detention.

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

7. The petitioner has been in judicial custody since18.12.2022. Having heard the learned counsel appearing forthe petitioner and the learned Public Prosecutor, andconsidering the nature and gravity of the offence, furtherdetention of the petitioner is unnecessary. I am therefore of theview that the petitioner is entitled to be released on bail.

In the result, the bail application is allowed and the petitioneris granted bail on him executing a bond forRs.50,000/- (Rupees fifty thousand only), with two solventsureties for the like amount each, to the satisfaction of thelearned Magistrate, subject to the following conditions:

(i) Heshall not influence or intimidate witnesses or ajt tamper with evidence;

(ii) Heshall appear before the investigating officer as andwhen called for; and

(iii) During the bail period, heshall not get involved in anyoffence.

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

Sd/-

P.G. AJITHKUMARJUDGE