This is an application filed by the sole accused in Crime No.1077 of 2014 of Palode Police station for regular bail under Sec.439 of Code of Criminal Procedure (hereinafter referred to as 'the Code' for short). 2. The case of the prosecution in nutshell was that on 17.09.2014 at about 8.30 p.m., the accused on account of his enmity towards the defacto complainant called him to his house, abused him and then inflicted cut injury with a chopper and caused severance of left ear and this was done with an intention to commit murder and thereby, he has committed the offences punishable under Secs.294(b), 324 and 307 of the Indian Penal Code.
3. Learned counsel for the petitioner submitted that the petitioner has not committed any offence and he is innocent of the same and in fact the defacto complainant had attacked the wife of the petitioner and on the basis of the statement given by his wife, another crime was registered against the defacto complainant and another and in order to escape from the same, a false case has been foisted against the petitioner and he is in jail from 22.09.2014 onwards.
4. Learned Public Prosecutor opposed the application on the ground that investigation of the case is not over.
5. Heard both sides and perused the records.
6. It is seen from the records that the above case is registered on the basis of the statement given by the defacto complainant, injured against the petitioner alleging commission of the above said offences. The incident happened on 17.09.2014 and statement of the injured was recorded on 20.09.2014 and it was on that basis, the present crime has been registered and the petitioner was arrested on 22.09.2014 and he is in jail from that day onwards. The petitioner had produced Annexure A1, First Information Report in Crime No.1089 of 2014 which was registered on the basis of the statement given by the wife of the petitioner herein against the defacto complainant and another alleging offences under Secs.452, 354, 323, 324, 294(b), 506(ii) and 427 read with Sec.34 of the Indian Penal Code. I am not at this stage going into the question as to whether the allegations in Annexure-A1 or in the present First Information Statement given by the defacto complainant regarding the incident are genuine or not as it is a matter to be considered by the trial court on the basis of evidence. Further, I am also not going into the question as to the delay in registering the First Information Report will be fatal in this case that also has to be considered by the trial court. The weapon said to have been used for committing the offence has already been recovered. Further the learned Public Prosecutor had no case that the petitioner has got any criminal background as well. So, under the circumstances the custody of the petitioner is not required any more in connection with the investigation.
7. So , this Court feels that bail can be granted to the petitioner with some stringent conditions.
The application is allowed with the following stringent conditions.
1. The petitioner shall be released on bail on their executing bond for Rs.50,000/-(Rupees fifty thousand only) each with two solvent sureties each for the like sum each to the satisfaction of the Judicial First Class Magistrate Court (Special Court for trial of Forest Cases), Nedumangad.
2. The petitioner shall appear before the investigating officer on all Saturdays between 9.00 am and 10.00 a.m., for a period of three months and thereafter on the last Saturday of every month between the same timings till final report is filed.
3. The petitioner shall appear before the investigating officer for the purpose of interrogation as and when required in connection with the above crime in writing to do so till final report is filed.
4. The petitioner shall not intimidate or influence the witnesses.
5. The petitioner shall not involve in any other crimes of similar nature during the period of this bail.
6. The petitioner shall not leave Thiruvananthapuram District without getting prior permission either from the Judicial First Class Magistrate Court (Special Court for trial of Forest Cases), Nedumangad or from the Court to which, the case will be committed for trial till the disposal of the case.
With the above conditions, this application is allowed.
K. RAMAKRISHNAN JUDGE NS