Hanis vs The State Of Kerala
2021 Latest Caselaw 19827 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                THE HONOURABLE MRS. JUSTICE SHIRCY V.
    THURSDAY, THE 23RD DAY OF SEPTEMBER 2021 / 1ST ASWINA, 1943
                      BAIL APPL. NO. 7105 OF 2021
 AGAINST THE ORDER/JUDGMENT IN CRMC 1163/2021 OF DISTRICT COURT &
                   SESSIONS COURT,THALASSERY, KANNUR
        CRIME NO.632 OF 2021 OF KANNUR CITY POLICE STATION


PETITIONER/ACCUSED :-

            HANIS
            AGED 26 YEARS
            (WRONGLY SHOWN AS HINAS IN THE FIR)
            S/O.FAYIS, SEKKALI HOUSE, NEAR KOCHI PALLI,
            THAYYIL P.O., KANNUR-670003.

            BY ADVS.
            ABDUL RAOOF PALLIPATH
            K.R.AVINASH (KUNNATH)
            PRAJIT RATNAKARAN


RESPONDENT/STATE :-

            THE STATE OF KERALA
            REPRESENTED BY PUBLIC PROSECUTOR,
            HIGH COURT OF KERALA, ERNAKULAM-682031.



            SRI.MANU.P.G- SR.PUBLIC PROSECUTOR




     THIS   BAIL   APPLICATION   HAVING    COME   UP   FOR   ADMISSION   ON
23.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 BAIL APPL. NO. 7105 OF 2021
                                    2



                                  ORDER

Application for regular bail.

2. The petitioner who is the sole accused in

Crime No.632 of 2021 of Kannur City Police Station

registered for the offences punishable under Sections

341, 323, 324 and 326 of the Indian Penal Code, has

moved this application for his release on bail.

3. The prosecution case is as follows :-

The petitioner who was entertaining enmity

towards the defacto complainant with the intention to

cause his death, on 08.07.2021 at about 12.30 am had

wrongfully restrained the defacto complainant and

stabbed on the left side of his abdomen with a deadly

weapon and thereby committed the aforesaid offences.

4. The petitioner has been in custody since

15.08.2021.

5. Heard the learned counsel for the petitioner

as well the learned Public Prosecutor.

6. The learned counsel for the petitioner has

submitted that he is totally innocent of the BAIL APPL. NO. 7105 OF 2021

allegations levelled against him. But he has been

falsely implicated in the case at the instigation of

the defacto complainant.

7. The learned Public Prosecutor has refuted the

contention raised by the learned counsel for the

petitioner and submitted that the defacto complainant

who was undergoing treatment had been discharged from

the hospital. Now the investigation of the case is

well in progress. Moreover, this petitioner as such is

having no criminal antecedents.

8. The petitioner is an youngster aged 26 years.

Though he was arraigned as an accused in an earlier

crime registered by Kannur City Police as Crime

No.447/2019, the case was quashed by this court by an

order dated 13.10.2020. So as such, he is having no

criminal antecedents. Now the investigation of the

case is well in progress, in fact, it is nearing

completion. The recovery of the weapon used by the

petitioner to inflict injury on the defacto

complainant has also been recovered. Hence, I could

not find any material on record to infer that further BAIL APPL. NO. 7105 OF 2021

detention of this petitioner is required for the

investigating agency to complete the investigation and

to submit the final report.

Having considered the facts and circumstances

involved in this case, the period of detention

undergone by him in judicial custody, the present

stage of investigation as well the fact that he is

having no criminal antecedents, I am inclined to

release him on bail subject to the following

conditions :-

(i) The petitioner shall be released on bail on 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) He shall appear before the investigating officer on Second Saturday of every month between 10.30 am and 11.30 am for a period of two months or till filing of the final report, whichever is earlier.

(iii) 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 to any police officer or tamper with the evidence.

BAIL APPL. NO. 7105 OF 2021

(iv) The petitioner shall not commit any offence while on bail.

In case of violation of any of the above

conditions, the learned Magistrate/Judge is empowered

to cancel the bail in accordance with the law.

Sd/-

SHIRCY V.

JUDGE SMA