The court emphasized the balancing act between the seriousness of the allegations and the rights of the accused to secure bail after extensive detention.

ORDER

This is an application for bail filed under Section 439 of the Code of Criminal Procedure, 1973 .

2. The petitioner is the accused in Crime No.996 of 2022 of Chengannur Police Station. He allegedly had committed the offences punishable under Section 447 , 324 and 307 of the Indian Penal Code, 1860 .

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

4. The prosecution allegation is that due to previous animosity, on 7-11-2022 at 8.30 p.m., with an intention to commit murder of the defacto complainant’s mother and sister, the accused, who is the father of the defacto complainant, criminally trespassed into the house of the defacto complainant, named Kalathileth Padinjattathil House in Karakkad Muri, Mulakkuzha Village and while the defacto complainant’s mother was feeding chickens at a shed adjacent to the above house, stabbed on her stomach, chest, chin and head with a knife. When the defacto complainant’s sister intervened to prevent the accused, he chased after and attempted to kill her. Hence the accused is alleged to have committed the above mentioned offences.

5. The petitioner would contend that he did not involve in the alleged crime and without any material or evidence, he has been implicated in the crime. He is innocent. The investigation in the matter has been progressed considerably and there is no reason or justification for his further detention, having he been in judicial custody since 9.11.2022.

6. The learned Public Prosecutor would submit that considering the seriousness of the offence and the possibility of interfering with the investigation by the petitioner in the event of his release on bail, this petition deserves only to be dismissed.

7. From the materials available on record, it is seen that the present incident emnated from the matrimonial dispute between the petitioner and the de facto complainant. It is seen that, for some time, there has been matrimonial disharmony between them. Learned counsel appearing for the petitioner would point out that presence of a stranger in the scene of crime with whom the victim alleged to have suppressed illegal relationship has been mentioned in her statement before police. Considering those aspects and also the fact that the petitioner has been in judicial custody since 09.11.2022, I am of the view that the petitioner can be released on bail, by imposing strict conditions.

In the result, the bail application is allowed and the petitioner is granted bail on his executing a bond for Rs.50,000/- (Rupees fifty thousand only), with two solvent sureties for the like amount each, to the satisfaction of the learned Magistrate, subject to the following conditions:

(i) He shall not influence or intimidate witnesses or tamper with evidence;

(ii) He shall appear before the investigating officer as and when called for; and (iii) During the bail period, He shall not get involved in any offense.

In case of breach of the bail conditions, the prosecution shall be at liberty to apply for cancellation of the bail before the jurisdictional court.