The court has the discretion to grant bail even in serious cases, considering factors such as the nature of the allegations, the period of custody, and the accused's criminal history.

Headnote:
BAIL - ATTEMPT TO MURDER - [Section 307 IPC] - Bail granted on stringent conditions considering the nature of allegations and period of custody.
Fact of the Case:

The petitioner was arrested for allegedly attempting to murder the defacto complainant by stabbing him with a knife. The petitioner was also accused of abusing and fisting the defacto complainant. The petitioner had been in custody since his arrest.
Finding of the Court:

The court found that the petitioner had been in custody for a significant period of time and that the allegations against him were serious. However, the court also noted that the petitioner had not been involved in any other crimes since 2000.
Issues: Whether the petitioner should be granted bail considering the nature of the allegations and the period of custody.
Ratio Decidendi: The court held that the petitioner should be granted bail on stringent conditions. The court considered the nature of the allegations, the period of custody, and the petitioner's lack of involvement in other crimes since 2000.
Final Decision: The court allowed the bail application and directed that the petitioner be released on bail subject to stringent conditions.

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE VIJU ABRAHAM WEDNESDAY, THE 4TH DAY OF JANUARY 2023 / 14TH POUSHA, 1944 BAIL APPL. NO. 10372 OF 2022 Crime No.444/2022 of Anchuthengu police Station, Thiruvananthapuram District, PETITIONER/FIRST ACCUSED:

SHAJAHAN, AGED 44 YEARS S/O SALAHUDHEN,THASNI MANZIL, VALAYANTEKUZHI VILAB BHAGAM,VETTOR VILLAGE, VARKALA, THIRUVANANTHAPURAM DISTRICT-695312 FROM THONDAL VEEDU, NEDUMKANDA DESHAM, VETTOR VILLAGE,VARKALA, THIRUVANANTHAPURAM DISTRICT, PIN - 695312 BY ADV LATHEESH SEBASTIAN RESPONDENT/STATE:

STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN – 682031.

OTHER PRESENT:

PP - M.C.ASHI THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

VIJU ABRAHAM, J BA No.10372 of 2022 th Dated this the 4 day of January 2023 O R D E R This is an application for regular bail.

2. The petitioner is the 1st accused in Crime No.444/2022 of Anchuthengu Police Station, Thiruvananthapuram District, alleging commission of offences punishable under Sections 294(b), 307 , 323, 324, 326, 341 r/w

34 of lPC.

3. The prosecution allegation against the petitioner is that, due to prior animosity towards the brother of the defacto complainant on 11.10.2022 at about 8.30 p.m., the petitioner along with the 1st accused restrained the defacto complainant while he was going in a motor bike to his house. When the defacto complainant stopped the motor bike, the 1st accused abused him and attempted to assault him with a knife. It was evaded by the defacto complainant and caused injury to the middle finger of the left palm. At that time, the petitioner allegedly fisted on the left cheek of the defacto complainant.

On getting knowledge about the same, the brother of the defacto complainant came there and the 1st accused stabbed him with a knife and caused grievous hurt to the right palm of the brother of the defacto complainant. It is alleged that the rd

3 accused pelted metal piece to the defacto complainant and caused injuries to his lips and thus the accused have committed the abovesaid offences.

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

5. The learned counsel for the petitioner submitted that the petitioner has been falsely implicated in the aforesaid crime and he was arrested on 12.10.2022 and is in custody since then.

6. The learned Public Prosecutor opposed the application for bail mainly contending that serious overtacts are alleged against the petitioner and the defacto complainant sustained two stab injuries and submitted that the petitioner is involved in 16 other cases. The learned counsel for the petitioner submitted that many of the cases are in the year 2000 and the petitioner is involved in two offences punishable under the Abkari Act thereafter.

7. Considering the facts and circumstances of the case and the nature of the allegations and considering the fact that the petitioner is in custody from 12.10.2022 onwards, I am inclined to grant bail to the petitioner but taking into consideration the seriousness of the allegation the same shall only be on stringent conditions.

In the result, the bail application is allowed. It is directed that the petitioner shall be released on bail, subject to the following conditions:

(i) The petitioner shall execute a bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like-sum to the satisfaction of the jurisdictional court;

(ii) Petitioner shall appear before the investigating officer in Crime No.444/2022 of Anchuthengu police Station, Thiruvananthapuram District, on every Saturday at 11 am, for a period of six months, (iii) The petitioner shall not attempt to interfere with the investigation or to influence or intimidate the defacto complainant or any witness in Crime No.444/2022 of Anchuthengu police Station, Thiruvananthapuram District, (iv) The petitioner shall not leave the State of Kerala

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