O R D E R

The petitioner is the accused in Crime No.885 of

2023 of Kalady Police Station. The offences alleged against him are punishable under Sections 452, 323, 324 and 307 of the Indian Penal Code 1860. He was arrested on 13.10.2023 and his successive bail applications were dismissed by the court below.

2. Heard the learned counsel for the petitioner and the learned Public Prosecutor.

4. The allegations against the petitioner are that on

13.10.2023 at about 6 P.M. he trespassed into the residential house of the defacto complainant and attacked her daughter using a screwdriver. When the defacto complainant intervened, she was stabbed by the petitioner using the screwdriver. The accused profusedly attacked her and inflicted her serious injuries.

5. The learned counsel for the petitioner would submit that having the investigation in the matter been over and the final report filed, there is no purpose in retaining the petitioner in custody. It may take a long time to commence the trial and therefore, the petitioner is entitled to be released on bail.

6. The learned Public Prosecutor would submit that the final report in the matter was submitted before the Judicial Magistrate of the First Class, Perumbavur on 20.12.2023. However, the learned Public Prosecutor opposes the grant of bail to the petitioner, essentially, for the reason that he hails from West Bengal.

7. Since, the final report is already filed and pending consideration of the learned Magistrate, it is only appropriate to grant bail to the petitioner. For, the offences include one under punishable Section 307 of the IPC as well, and that makes the offending act serious. However, taking into account the fact that there would be delay in conclusion of the trail, the petitioner can be released on bail subject to the strict conditions.

Accordingly, this petition is allowed, and the petitioner is granted bail on his executing a bond for Rs.1,00,000/- with two solvent sureties each for the like sum subject to the fallowing conditions:-

i. Both the sureties shall be the natives of Kerala. ii. The petitioner shall not involve in any other crime while on bail.

iii. The petitioner shall not leave the local limits of the Sessions Court, Ernakulam without permission of the jurisdictional court.

iv. The petitioner shall not tamper with evidence or attempt to intimidate the victims of the offence or witnesses.

In case of violation of any of these conditions, the trial court is empowered to cancel his bail, in accordance with law.