Petition filed under Section 439 Cr.P.C.
2. Petitioner is the accused in Crime No.2631/2014 of the Town East Police Station, Thrissur registered for the offences punishable under Sections 341, 324 and 307 of the Indian Penal Code.
3. The allegation against the petitioner is that on 27.08.2014 at 4.30 p.m., while the defacto complainant, a girl aged 14 years, was returning from the school, he forwarded a request for love to her which she declined, and out of that enmity the petitioner pulled her to a lane and stabbed her with a knife repeatedly, causing a very serious incised wound on her throat. Her finger was also injured when she had warded off another stab.
4. Heard learned counsel for the petitioner and the learned Public Prosecutor.
5. The learned counsel for the petitioner has pointed out that the defacto complainant girl was in love with the petitioner and some letters were also produced. The girl is presently aged 14 and it cannot be believed that she was in love with the petitioner. It seems that the investigation of this case is over and the final report has also been filed. At the same time, the petitioner is only 21 years old. According to the learned counsel for the petitioner, still the petitioner is a student. No criminal antecedents have been reported against the petitioner. Having regard to the period undergone by the petitioner in custody and the fact that no criminal antecedents are reported against him, I am of the view that the petitioner can be enlarged on bail on strict conditions.
6. In the result, this Bail Application is allowed and the petitioner shall be enlarged on bail on his executing a bond for `50,000/- (Rupees fifty thousand only) with two solvent sureties for the like sum each to the satisfaction of the concerned Judicial First Class Magistrate's Court, and subject to the following terms and conditions:-
(i) Except for observing condition No.(ii) below, the petitioner shall not enter the local limits of the Thrissur Town East Police Station for a period of six months from today.
(ii) The petitioner shall report before the Investigating Officer in between 9 a.m. and 1 a.m. on all Thursdays and Mondays commencing from 27. 1.2014 for a period of six months.
(iii) The petitioner shall not contact or make any attempt to contact the girl either directly or indirectly.
(iv) The petitioner shall not tamper with the evidence or influence witnesses.
(v) The petitioner shall make himself available for interrogation as and when required by the Investigating Officer.
(vi) The petitioner shall not involve in any offence while on bail.
It is made clear that the violation of any of the conditions stipulated above will result in the cancellation of bail.
B. KEMAL PASHA, JUDGE ul/-