- (1.) Application for regular bail under Section 439 of Cr.P.C. The applicant is the sole accused in Crime No.2367/2020 of Mangalapuram Police Station for having allegedly committed the offence of murder punishable under Section 302 of IPC.
(2.) The prosecution case, in brief, is thus:- Due to enmity towards the person named Vishnu who was his friend earlier and later the relationship turned severe. On 18.12.2020 at about 9.30 p.m. he came to the residence of the deceased situated at Korani in Veyiloor Village on a scooter bearing registration No. KL 22 M 9671 and took the deceased to the road at the northern gate of KIMS Nursing College situated at Veyiloor Village and there was altercation which was ensued by a scuffle between them. Their friends, who are present at the scene of occurrence attempted to interfere and prevent them from quarreling, but that did not prevent the applicant from assaulting the deceased. He was stabbed multiple types. The postmortem report indicates that the applicant had stabbed the deceased 21 times on his neck and chest and altogether the deceased had 43 antimortem injuries on his body. The applicant also sustained some injuries, but that is not grievous or serious in nature. The deceased succumbed to injuries and taken to the hospital and could not survive. The applicant also treated in the hospital.
(3.) The applicant states that he is innocent and the allegations are not true. He is willing to cooperate with the investigation. He has no criminal antecedents, therefore seeks bail. His bail application before the Sessions Court was dismissed twice stating that the investigation is still at its infancy and therefore releasing the applicant would impair the investigation. The applicant has now been in custody for 82 days and the investigation is coming towards close. Since the applicant has no criminal antecedents as admitted by the learned Public Prosecutor, I find no reason for further detention of the applicant. Under the circumstances, the application is allowed and the applicant is therefore directed to be released on bail on execution of bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties, each for the like amount to the satisfaction of the jurisdictional court and on following conditions:- (i) He shall appear before the investigating officer on all Saturdays between 9 a.m. and 12 noon for a period of three months. (ii) He shall not get involved in similar cases during the currency of the bail. (iii) He shall not tamper with evidence, intimidate or influence the witnesses. In case of violation of the bail conditions, the prosecution is at liberty to move for cancellation of the bail before the jurisdictional court. ;