ROSHAN JACOB OOMMEN Vs. STATE OF KERALA

JUDGEMENT

(1.) This is an application for regular bail under Sec. 439 of the Code of Criminal Procedure by the sole accused.

(2.) The crime was registered against the accused for the offence punishable under Sec. 341, 323, 324, 308 and 506 IPC. The allegation is that on 22/10/2023 at about 11.15 p.m. the accused unlawfully trespassed into the house of the defacto complainant and inflicted very serious injuries on his cheek extending to 12x1x1 cm in length. The nature of injuries reported in the wound certificate, an incised wound, would prima facie show that it was caused by using a sharp-edged weapon like a knife alleged to have been used for the commission of offence. It happened at the odd hours of 22/10/2023. But it is fairly submitted that the accused is a neighbour and is having some relation with the defacto complainant and they were having some property dispute. He was arrested on 6/12/2023. He is an advocate by profession and he has been in detention for the last more than five months and twenty four days. Several bad antecedents were also reported against the petitioner.

(3.) It is submitted by the learned counsel for the petitioner that the investigation was completed and the final report was already laid before the court concerned. Committal proceedings are pending and as such further detention of the accused is not warranted. In the said circumstances, bail can be granted with stringent conditions. Bail is granted to the petitioner on executing a bond for Rs.1,00,000.00 (Rupees One Lakh only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. The granting of bail will be subjected to the following conditions: