The court established that bail may be granted when investigation is nearly complete and the accused has been in custody for a significant duration.

ORDER

This is an application for regular bail.

2. The petitioner is the sole accused in Crime No.908/2022 of Thodupuzha Police Station, Idukki District alleging commission of offence punishable under Section 302 of Indian Penal Code .

3. The prosecution allegation is that, on 13.06.2022 at about

10.30PM, near Lunar Company, Olamattom, Thodupuzha, the accused due to the previous enmity with the deceased Maju and with intention to kill him, attacked the deceased with a weapon and caused injuries on his forehead and he succumbed to injuries at District Hospital, Thodupuzha and thus the accused has committed the aforesaid offence.

4. The learned counsel for the petitioner submitted that the petitioner has been falsely implicated in the above said crime due to animosity of certain witnesses. It is also submitted that the petitioner is in custody from 13.06.2022 onwards.

5. The learned Public Prosecutor upon instructions submitted that the defacto complainant and the petitioner were friends and on 13.06.2022, both of them travelled together from Thodupuzha to Olamattom, in an auto Rickshaw. Both of them were under inebriated state, and some dispute sprouted in between them while on the journey. Later, the victim proceeded to his house after getting down from the vehicle at Olamattom. The accused followed him in the Auto rickshaw and tried to hit him with the vehicle. Later, they picked up quarrel and around 22.30 hrs, in the rubber plantation near Olamattom lunar company, the accused hit the deceased Maju with a fencing stone and stabbed him with a broken Glass bottle, by which the victim sustained grievous injuries and succumbed by the time he reached hospital for treatment. It is further submitted that the investigation is practically over and further that the petitioner is involved in another crime, Crime No.1891/2017 of Thodupuzha Police Station for the offence under Section 324 IPC .

6. Having regard to the facts and circumstances of the case, considering the nature of the allegations and considering the fact that the petitioner is in custody from 13.06.2022 onwards and further that the investigation is practically over, I am inclined to grant bail to the petitioner subject to 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 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.908/2022 of Thodupuzha Police Station, Idukki District on every Saturday at 11 am, until filing of final report;

(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.908/2022 of Thodupuzha Police Station, Idukki District;

(iv) The petitioner shall not leave the jurisdiction of Idukki District, without obtaining orders from the Jurisdictional Court;

(v) The petitioner shall not involve in any other crime while on bail.

If any of the aforesaid conditions are violated, the investigating officer in Crime No.908/2022 of Thodupuzha Police Station, Idukki District may file an application before the jurisdictional court, for cancellation of bail.