Full Judgment
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. THURSDAY, THE 7TH DAY OF DECEMBER 2023 / 16TH AGRAHAYANA, BAIL APPL. NO. 10406 OF 2023 CRIME NO.897/2023 OF CHEVAYUR POLICE STATION, KOZHIKODE PETITIONER/SOLE ACCUSED:
GLEN XAVIER, AGED 27 YEARS, S/O SEBASTIAN, CHILANGARA HOUSE, ERAMALLOOR P.O, ALAPPUZHA DISTRICT, KERALA, PIN - 688537. BY ADVS.M/S.ARUN ASHOK, T.A.GEORGE JOSEPH & NEENA JAMES RESPONDENT/COMPLAINANT: STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031. SMT. T.V. NEEMA, SR.P.P. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07.12.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ..2..
MOHAMMED NIAS C. P. , J.
========================= B. A. No. 10406 of 2023 ========================= Dated this the 7th day of December, 2023
ORDER
This is the second application filed under Section 439 of the Code of Criminal Procedure seeking regular bail. The petitioner is the sole accused in Crime No. 897/2023 of Chevayur Police Station for having committed offences punishable under Sections 452, 324, 326 & 307 of the IPC.
2. The case of the prosecution in brief is that the petitioner and wife
of the defacto complainant are acquainted with each other. It is alleged that the petitioner had an affair with the wife of the defacto complainant. Thereupon, the petitioner became inimical towards the defacto complainant. With an intention to commit murder, he trespassed into the defacto complainant’s house at around 10 P.M. on 8.10.2023 and stabbed the defacto complainant with a knife, causing grievous injuries to him. Hence, the accused is alleged to have committed the offences mentioned above.
3. The learned counsel appearing for the petitioner would submit ..3..
that the petitioner is totally innocent and has been falsely implicated with ulterior motives. At any rate, he points out that the petitioner is in custody from 9.10.2023, and the continued custody of the petitioner is unnecessary.
4. The learned Public Prosecutor opposed the petition and points out that the petitioner is not entitled to get bail.
5. This is the second application filed by the petitioner.
Considering the fact that the petitioner has been in custody since 9.10.2023, the investigation has progressed, no other criminal antecedents have been reported against the petitioner, and also, since there is no apprehension raised by the prosecution that if released on bail, the petitioner is likely to abscond, I hold that bail can be granted to the petitioner.
Accordingly, this application is allowed, and the petitioner is granted bail subject to the following conditions:-
i. The petitioner shall be released on bail on executing a bond for Rs.50,000/- (Rupees Fifty Thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional court. ii. The petitioner shall report before the Investigating Officer as and ..4.. when required to do so. iii.The petitioner shall not tamper or attempt to tamper with the evidence or influence or try to influence the witnesses. iv.The petitioner shall not be involved in any other crime while on bail. v. The petitioner shall surrender his Passport before the jurisdictional court. If the petitioner does not have a Passport, he shall execute an affidavit to that effect and file the same before the said court within seven days from the date of his release on bail.
If any of the conditions are violated, the jurisdictional court concerned shall be empowered to take steps for cancellation of bail as per law. Sd/- MOHAMMED NIAS C. P. , JUDGE MMG ..5.. APPENDIX OF BAIL APPL.NO.10406/2023 PETITIONER'S ANNEXURES ANNEXURE -I A TRUE COPY OF FIR IN CRIME NO 897 OF 2023 OF THE CHEVAYUR POLICE STATION DATED 09-10-2023 ANNEXURE-II A TRUE COPY OF THE ORDER PASSED IN CRL.M.C NO. 1827 OF 2023 ON THE FILE OF THE SESSIONS COURT, KOZHIKODE DATED 02-11-2023 ANNEXURE-III A TRUE COPY OF THE ORDER PASSED IN B.A NO. 9937/2023 ON THE FILE OF THE HON'BLE HIGH COURT OF KERALA DATED 14-11-2023