Kerala High Court
Rajeesh vs State Of Kerala on 16 September, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHIRCY V.
THURSDAY, THE 16TH DAY OF SEPTEMBER 2021 / 25TH BHADRA, 1943
BAIL APPL. NO. 6466 OF 2021
CRIME NO.472/2021 OF Viyyur Police Station, Thrissur
AGAINST THE ORDER/JUDGMENT IN CRMC 962/2021 OF DISTRICT COURT &
SESSIONS COURT, THRISSUR
PETITIONER/ACCUSED:
RAJEESH, AGED 26 YEARS
S/O.RAJAN, NEDUNMGATTIL HOUSE,
VALIYAPARAMBU DESOM, KUTTUR VILLAGE.
BY ADV E.VIJIN KARTHIK
RESPONDENT/STATE :
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA - 682 031.
SR. PP SMT. SREEJA V
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
16.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A.6466/2021
2
ORDER
DATED THIS THE 16TH DAY OF SEPTEMBER, 2021
The petitioner, who is the sole accused in Crime No. 472 of
2021 of Viyyur Police Station registered for the offence
punishable under Section 307 of the Indian Penal Code, has
moved this application for his release on bail under Section 439
of the Code of Criminal Procedure.
2. The prosecution case is as follows:
On 26.02.2021 at about 4 p.m., this petitioner had attacked
the defacto complainant with the intention to cause his death
with a sword, a deadly weapon, and inflicted grievous injuries on
his head due to his enmity towards him, and thereby committed
the aforesaid offence.
3. The petitioner has been in custody since 26.06.2021.
4. The learned counsel for the petitioner has raised a plea
of false implication.
B.A.6466/2021
5. The learned Public Prosecutor has submitted that the
defacto complainant and the petitioner are siblings and they
were residing in the very same house.
6. The defacto complainant, the elder brother of this
petitioner, was attacked by him as he opposed and prevented
him from using narcotic items. As an elder brother, he has just
advised the petitioner to abstain from his bad habits. But that
has provoked the petitioner and only on account of the same, he
has attacked the defacto complainant. Now the defacto
complainant has been discharged from the hospital though he
sustained severe injuries in the attack by the petitioner. Now
the investigation of the case is over and the investigating agency
has filed final report before the jurisdictional Magistrate.
Therefore, further detention of this petitioner may not be
required and he can be released on bail.
B.A.6466/2021
Therefore, this application is allowed subject to the
following conditions:
(i) The petitioner shall be released on bail on his executing a
bond for a sum of Rs.1,00,000/- (Rupees One lakh only) with
two solvent sureties for the like sum each to the satisfaction of
the court having jurisdiction.
(ii) The petitioner shall co-operate with the trial of the case.
(iii) The petitioner shall not enter into the family house, where
the defacto complainant is residing, for a period of three months.
(iv) The petitioner shall not enter into the jurisdictional limits of
Viyyur Police Station for a period of three months.
(v) The petitioner shall not directly or indirectly, make any
inducement, threat or promise to any person acquainted with
the facts of the case so as to dissuade him from disclosing such
facts to the court or tamper with the evidence.
(vi) The petitioner shall not commit any offence while on bail.
B.A.6466/2021
In case of violation of any of the above conditions, the
learned Magistrate is empowered to cancel the bail in
accordance with the law.
Sd/-
SHIRCY V.
JUDGE
sb
