PRASAD.T.A. Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner herein is the sole accused in Crime No.922/2016 of the Kasaragod Police Station, registered under Sections 341, 326 and 308 of the Indian Penal Code. He seeks regular bail under Section 439 of the Code of Criminal Procedure. The application filed by him for regular bail was dismissed by the learned Sessions Judge, Kasaragod, on 17.11.2016. The petitioner has been in judicial custody since 28.10.2016.

(2.) The prosecution case is that at about 12.15 pm., on 27.10.2016 the petitioner inflicted serious and grievous injuries on the body of the complainant with a dagger, with the knowledge of consequence that the injuries they inflicted may cause death.

(3.) Of course, on a perusal of the materials I find that there is scope for a prosecution under Section 308 IPC. As regards the allegation under Section 326 IPC, required materials yet to come. The wound certificate in the name of the complainant shows that he had sustained a penetrating incised wound 15 cms. in length, 4 cms in width, and 4 cm in depth on the lower abdomen. Such an injury will not be caused in a scuffle as the defence wound content. There is reason to believe that it was voluntarily inflicted. The wound certificate shows that the victim was referred to a higher centre for expert management. Such details of further treatment are not seen in the case diary. Anyway, on a consideration of the fact that the petitioner has been in custody for 40 days, I am inclined to grant him bail when investigation is practically over. In the present circumstances I feel the absolute necessity of imposing very strict conditions for bail, though investigation is practically over.