Manoj C.K Vs State Of Kerala

High Court Of Kerala 12 Jan 2023 Bail Application No. 114 Of 2023
Bench: Single Bench
Result Published
Acts Referenced

Judgement Snapshot

Case Number

Bail Application No. 114 Of 2023

Hon'ble Bench

Viju Abraham, J

Advocates

K.J.Joseph, M.C.Ashi

Final Decision

Dismissed

Acts Referred

Indian Penal Code, 1860 — Section 307, 452

Judgement Text

Translate:

Viju Abraham, J

1. This is an application for regular bail.

2. Petitioner is the sole accused in Crime No.768 of 2022 of Ambalamedu Police Station, Ernakulam registered alleging commission of offences

punishable under Sections 452 and 307 of the Indian Penal Code.

3. The prosecution case is that on 16.12.2022 at 10.30 p.m. the petitioner trespassed into the house of the defacto complainant situated near

Ambalamedu Junction and inflicted an injury on the left side of his abdomen with a knife. Thus the petitioner has committed the aforesaid offences.

4. Petitioner submits that the defacto complainant is his employer and he failed to disburse the wages to the employees for the last two months which

resulted in a scuffle. Petitioner further submits that since he is the senior employee leading others, he was falsely implicated in the abovesaid crime

and that he has no other criminal antecedents.

5. Learned Public Prosecutor opposed the application for bail mainly contending that in connection with the dispute regarding non-payment of wages

the defacto complainant was stabbed by the petitioner. Learned Public Prosecutor upon instructions submitted that the petitioner has no other criminal

antecedents.

Considering the facts and circumstances of the case and the detention of the petitioner from 17.12.2022 onwards and also taking note of the fact that

he has no other criminal antecedents, I am inclined to grant bail to him on the following conditions.

(i) The petitioner shall execute a bond for Rs.50,000/-(Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the

jurisdictional court.

(ii) He shall appear before the investigating officer in Crime No.768 of 2022 of Ambalamedu Police Station, Ernakulam on all Saturdays at 11.00 a.m. till the filing of

charge sheet.

(iii) He shall not attempt to interfere with the investigation or to influence any witness in the abovesaid crime.

(iv) He shall not involve in any other crime while on bail.

If any of the aforesaid conditions are violated, the investigating officer in Crime No.768 of 2022 of Ambalamedu Police Station, Ernakulam may file an

application before the jurisdictional court, for cancellation of bail.

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