Bail may be granted even in serious offences if detention without trial is unjustified, provided strict conditions are imposed.

JUDGMENT

Dated this the 30th day of March, 2023 The appellant is the accused in Crime No.89 of 2023 of Manimala Police Station, registered for the offence under Section 307 IPC and Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015. The crime is registered on the allegation that, on 22.01.2023, by about 5.30 p.m, the appellant attempted to murder the first respondent/injured by inflicting multiple stab injuries on him with a knife. The appellant was arrested on 27.01.2023 and is continuing in custody from that day onwards. Even though the appellant filed a petition seeking bail, the same was rejected as per the impugned order.

2. Heard Adv.Surin George for the appellant and Adv.Luke J Chirayil for the first respondent.

3. Learned Counsel for the appellant submitted that the investigation of the crime is complete in all respects. The alleged weapon of offence has been seized and the crucial witnesses questioned. As such, there is no justification in refusing bail to the appellant.

4. Learned Counsel for the first respondent opposed the prayer for bail, pointing out that the appellant is a history-sheeter and has committed similar crimes also. It is submitted that the appellant's modus operandi is to inflict incise stab wounds on victims. In the instant case, the deep incised injury suffered by the first respondent has resulted in long standing physical issues. It is submitted that if the appellant is enlarged on bail, he may commit other crimes and also threaten and intimidate the first respondent.

5. Learned Public Prosecutor opposed the prayer for grant of bail in view of the appellant's criminal antecedents.

Having heard the learned Counsel, I find substance in the apprehension expressed by the first respondent and I also take note of the appellant's antecedents. Even then, incarceration of the appellant for more than 62 days for the alleged commission of an offence under Section 307 of the IPC is not justified. Hence, I am of the opinion that the bail can be granted to the appellant on stringent conditions. Accordingly, the appeal is disposed of as under;

(i) The appellant shall be released on bail, on his executing a bond for Rs.50,000/- with two solvent sureties for the like amount, to the satisfaction of the court below.

(ii) The appellant shall not enter the limits of the Manimala Police Station without the permission of the Sessions Court.

(iii) On being released from custody, the appellant shall report before the Station House Officer of the Police Station within the limits of which he will be residing during the bail period.

(iv) The appellant shall not leave the limits of Kottayam District, without prior permission from the Sessions Court.

(v) The appellant shall not threaten or intimidate the first respondent or other witnesses, in any manner whatsoever.

(vi) If the appellant gets involved in any other offence during subsistence of the bail, the Public Prosecutor can move an application for cancellation of bail.