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2023 Supreme(Online)(KER) 474
HIGH COURT OF KERALA
MOHAMMED NIAS C.P., J
KESHAVAN K – Appellant
Versus
STATE OF KERALA – Respondent
Bail Appl. 10550/2023
P.K.SUBHASH, JUBAIRIYA SALIM
Bail can be granted by considering personal circumstances and status of investigation, especially when no risk of absconding is evident.
Headnote:
Bail - Criminal Procedure - Code of Criminal Procedure, Section 439 - The court considered personal circumstances of the accused, completion of investigation, and lack of apprehension of flight, leading to the decision to grant bail.
Fact of the Case:
The petitioner seeks bail under Section 439 of the Code of Criminal Procedure, having been accused of grievously injuring the informant with a weapon, and has been in custody since 09/10/2023.
Issues: Whether the petitioner is entitled to bail considering the circumstances of the case, length of custody, and other relevant factors.
Ratio Decidendi: The court held that personal factors and the status of investigation can warrant bail, especially in the absence of a flight risk or other serious objections.
Final Decision: Bail granted to the petitioner under specified conditions.
O R D E R
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.
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 concerned.
If any of the conditions are violated, the court concerned will be empowered to take steps for cancellation of bail as per law;
