This is an application filed by the petitioner who is the sole accused in Crime No.1078 of 2014 of Pallithottam Police Station for regular bail under Section 439 of Code of Criminal Procedure.
2. The case of the prosecution in nut shell was that on 26.08.2014 at about 03.30 p.m. while the de facto complainant was plying an autorickshaw, the petitioner stopped him and poured hot coffee on his face and caught hold of him and abused him with obscene language and stabbed him with dangerous weapons like knife and attempted to commit culpable homicide not amounting to murder and thereby, he had committed the offences punishable under Sections 294(b), 341, 323, 324 and 308 of the Indian Penal Code.
3. The counsel for the petitioner submitted that the petitioner has not committed any offence and he is innocent of the same. He is having 60% disability. He is in jail from 27.08.2014 onwards. Investigation is completed. His custody is not required.
4. The application was opposed by the Public Prosecutor on the ground that he is a habitual criminal and involved in several crimes including case of murder and Abkari offences. Investigation has been completed and final report has filed. If he is released on bail he is likely to threaten the witnesses.
5. Heard both sides and perused the records of the investigating officer.
6. It is seen from the records that the above case was registered on the basis of the statement given by the de facto complainant against the petitioner alleging commission of the above said offence. The petitioner was arrested on 27.08.2014 and he is in jail from that day onwards. It is true that he is accused in other cases also including case of murder. He is bail in all those cases. Since investigation is over, custody of the petitioner is not required for any more in connection with the investigation. It is true that the petitioner has produced documents to show that he is having 60% disability but I don't think that a person of that disability cannot involve in any crime as his history shows otherwise. So considering the circumstances, this court feels that bail can be granted to the petitioner with some stringent conditions.
Therefore, this application is allowed on the following conditions:
(i) The petitioner shall be released on bail on his executing a bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties for the like sum each to the satisfaction of the Judicial First Class Magistrate Court-II, Kollam.
(ii) The petitioner shall not intimidate or influence the witnesses.
(iii) The petitioner shall not, during the period of this bail involve in any other offence in similar nature.
(iv) Petitioner shall surrender his passport if any before the Judicial First Class Magistrate Court-II, Kollam within one week from date of his release and in case he has none, file affidavit to that effect before that court within that time.
(vii) The petitioner shall not leave State of Kerala without getting prior permission either from the Judicial First Class Magistrate Court-II, Kollam or from the court to which the case will be committed for trial till the disposal of the case.
With the above conditions, the bail application is allowed.
Sd/-
K.RAMAKRISHNAN.
JUDGE.
AS /True Copy/ P.A. to Judge