A court may grant bail considering the duration of custody and circumstances of the accused, despite serious charges.

O R D E R

This bail application is filed under section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘ BNS S ’). 2. Petitioner is the accused in Crime No.1549 of 2024 of Palakkad Town South Police Station, registered for the offences punishable under sections 109, 118(1) and 328(b) of the Bharatiya Nyaya Sanhita, 2023 (for short ‘ ’).

3. According to the prosecution, on 17.12.2024, accused brutally assaulted the de facto complainant with an intention to murder him and thereby committed the offences alleged. Petitioner was arrested on 18.12.2024, and he has been in custody since then. 4. Heard the learned counsel for the petitioner as well as the learned Public Prosecutor.

5. The learned counsel for the petitioner submitted that the petitioner has been in custody since 18.12.2024, and hence further detention is not necessary.

6. The learned Public Prosecutor opposed the bail application and submitted that he is involved in 11 other crimes, including an offence under Section 302 IPC.

7. Petitioner is alleged to have attempted to commit the murder of the de facto complainant by inflicting stab injury on the de facto complainant’s forehead, back of his head as well on the right hand and even on the back of his body. Though the allegations are serious, and the petitioner is involved in 11 other crimes, including an offence under Section 302 IPC, considering the period of custody already undergone from 18.12.2024 and also the young age of the petitioner, I am of the view that he can be released on bail on strict conditions.

Accordingly, this application is allowed on the following conditions:-

(a) Petitioner shall be released on bail on him 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 court having jurisdiction.

(b) Petitioner shall report before the Investigating Officer once every month on the last saturday of the month until conclusion of trial.

(c) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence.

(d) Petitioner shall not commit any similar offences while he is on bail.

(e) Petitioner shall not leave Kerala without the permission of the Court having jurisdiction.

In case of violation of any of the above conditions or if any modification or deletion of the conditions are required, the jurisdictional Court shall be empowered to consider such applications, if any, and pass appropriate orders in accordance with law, notwithstanding the bail having been granted by this Court.