Kerala High Court
Keshavan K vs State Of Kerala on 21 December, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
THURSDAY, THE 21ST DAY OF DECEMBER 2023/30TH AGRAHAYANA, 1945
BAIL APPL. NO. 10550 OF 2023
CRIME NO.446/2023 OF RAJAPURAM POLICE STATION, KASARGOD
AGAINST THE ORDER/JUDGMENT CMP 7920/2023 OF JUDICIAL
MAGISTRATE OF FIRST CLASS -I,HOSDRUG
PETITIONER/ACCUSED:
KESHAVAN K,
AGED 60 YEARS, S/O KUTTY NAYIK,
VILAS BHAVAN, MATTAKKUNNU,
PANATHADY VILLAGE, KASARAGOD, PIN - 671532
BY ADVS.
P.K.SUBHASH
JUBAIRIYA SALIM
RESPONDENT/STATE:
STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
SRI. M.C. ASHI, PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
21.12.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
B.A.No.10550/2023
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MOHAMMED NIAS C.P., J.
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B.A.No. 10550/2023
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Dated this the 21st day of December, 2023
ORDER
This application is filed under Section 439 of the Code of Criminal Procedure, seeking regular bail.
2. The petitioner is the accused in Crime No.446/2023 of Rajapuram Police Station, Kasargod District, for having allegedly committed offences punishable under Section 307 of the Indian Penal Code.
3. The prosecution case is that on 08.10.2023, at about 17.30 at a place called Mattakunnu, Panathady Village, the accused inflicted stab injuries on the head. Nach and hands of the informant using billhook, thereby causing grievous injuries to him and thereby committed the offence.
4. The learned counsel appearing for the petitioner would say that the petitioner is innocent and falsely implicated with ulterior motives. At any rate, he points out that the petitioner has been in custody since 09/10/2023, and continued custody of the petitioner is unnecessary. B.A.No.10550/2023
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5. The learned public prosecutor opposed the petition and pointed out that the petitioner is not entitled to bail.
6. After having considered the submissions of the learned counsel for the petitioner and learned Public Prosecutor, the fact that the petitioner has been in custody since 09/10/2023, that he is aged 60 years, the investigation is substantially completed, no other antecedents 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 when directed.
(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 or leave India without the prior permission of the Court B.A.No.10550/2023 ..4..
concerned.
If any of the conditions are violated, the court concerned will be empowered to take steps for cancellation of bail as per law;
Sd/-
MOHAMMED NIAS C.P. JUDGE APA B.A.No.10550/2023 ..5..
APPENDIX OF BAIL APPL. 10550/2023 PETITIONER ANNEXURES Annexure A1 THE TRUE COPY OF FIR DATED 09.10.2023 IN CRIME NO. 446 OF 2023 OF RAJAPURAM POLICE STATION, KASARAGOD Annexure A2 THE TRUE COPY OF THE ORDER DATED 21.10.2023 OF THE FIRST CLASS JUDICIAL MAGISTRATE COURT-1 HOSDURG IN CRL. M.P NO. 7920 OF 2023