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Balu vs State of Kerala

BALU vs State of Kerala

Type Court Judgment Court Kerala Decided Dec 30, 2022
~3 min read
https://sooperkanoon.com/case/1588787

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Citation
Court
Kerala High Court
Judge
Decided On
Case Number
Bail Appl./10540/2022

Parties & Advocates

Appellant / Petitioner

BALU

Respondent

State of Kerala

Excerpt

.....324 and 308 of the indian penal code, 1860.3. heard the learned counsel for the petitioner and the learned public prosecutor.4. the prosecution allegation is that, on 16.12.2022, at11.30 pm, the accused, due to some previous enmity towards the de facto complainant, trespassed into her residential compound and used abusive language against her husband. the petitioner tried to stab with a sword on the neck of the husband of the de facto complainant. if the above attack was not warded off by the de faco complainant, it would have resulted in his death. thus, the petitioner has committed thebail appl. no. 10540 of 2022 3 offences alleged against him.5. the petitioner would contend that he did not involve inthe alleged crime and without any material or evidence, he has been implicated in the crime. he is innocent. the investigation in the matter has been progressed considerably and there is no reason or justification for his further detention.6. the learned public prosecutor would submit thatconsidering 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 deserve only to be dismissed.7. the petitioner has been in judicial custody since18.12.2022. having heard the learned counsel appearing for the petitioner and the learned public prosecutor, and considering the nature and gravity of the offence, further detention of the petitioner is unnecessary. i am therefore of the view that the petitioner is entitled to be released on bail. in the result, the bail application is allowed and the petitioner is granted bail on him 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 bail appl. no. 10540 of 2022 4 tamper with evidence;(ii) he shall appear before the investigating.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR FRIDAY, THE 30TH 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 OF FIRST CLASS - I, KARUNAGAPPALLY PETITIONER/ACCUSED: BALU, AGED 34 YEARS S/O BABU, KULACHIRA VEEDU, PURAKKADU CHERI, AMPALAPPUZHA VILLAGE, NOW RESIDING AT VRINDAVANAM VEEDU, KALARIVATHUKKAL MURI, KULASEKHARAPURAM VILLAGE, KOLLAM, KERALA, PIN - 690544 BY ADV M.R.SASITH RESPONDENT/S: STATE OF KERALA REPRESENTED 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: BAIL APPL. NO. 10540 OF 2022 2

P.G. AJITHKUMAR, J.

------------------------------- B.A.No. 10540 of 2022 -------------------------------------------------------- Dated this the 30th day of December, 2022

ORDER

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

2. The petitioner is the sole accused in Crime No.1709

of 2022 of Karunagappally Police Station. He allegedly had committed 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 the learned Public Prosecutor.

4. The prosecution allegation is that, on 16.12.2022, at

11.30 PM, the accused, due to some previous enmity towards the de facto complainant, trespassed into her residential compound and used abusive language against her husband. The petitioner tried to stab with a sword on the neck of the husband of the de facto complainant. If the above attack was not warded off by the de faco complainant, it would have resulted in his death. Thus, the petitioner has committed the

BAIL APPL. NO. 10540 OF 2022 3 offences alleged against him.

5. The petitioner would contend that he did not involve in

the alleged crime and without any material or evidence, he has been implicated in the crime. He is innocent. The investigation in the matter has been progressed considerably and there is no reason or justification for his further detention.

6. 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 deserve only to be dismissed.

7. The petitioner has been in judicial custody since

18.12.2022. Having heard the learned counsel appearing for the petitioner and the learned Public Prosecutor, and considering the nature and gravity of the offence, further detention of the petitioner is unnecessary. I am therefore of the view that the petitioner is entitled to be released on bail. In the result, the bail application is allowed and the petitioner is granted bail on him 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 BAIL APPL. NO. 10540 OF 2022 4 tamper with evidence;

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

(iii) During the bail period, he shall not get involved in any offence. 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. Sd/- P.G. AJITHKUMAR JUDGE ajt

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