Abdul Malik vs State Of Kerala

Viju Abraham, J

This is an application for Regular Bail.

The petitioners are accused Nos.1 & 7 in Crime No.1464/2022 of Central Police Station, Ernakulam alleging commission of offences punishable under Sections 308, 323, 506 r/w Section 34 of the Indian Penal Code.

The prosecution allegation is that, on 02.11.2022 at about 4.15 pm, the accused No.1, a student of the Maharaja's College along with other accused entered into the campus of the college and assaulted the defacto complainant inside the campus with an iron rod. The 2nd accused attacked the defacto complainant with a wooden plank and the other accused fisted and stamped him and thereby committed the aforementioned offences.

The learned counsel for the petitioners submitted that the petitioners are totally innocent of the charges levelled against them and they are in custody from 03.11.2022 onwards. It is further submitted that it is in fact the defacto complainant who has attacked the petitioners herein and a crime has been registered against him as crime No.1465/2022.

The learned Public Prosecutor though opposed the application for bail submitted that the petitioners are students and that they are not involved in any other crime.

Having regard to the facts and circumstances of the case, taking into consideration the fact that the petitioners are in custody from 03.11.2022 and that the petitioners have no other criminal antecedents, I am inclined to grant bail to the petitioners and it is ordered that the petitioners shall be released on bail on the following stringent conditions:

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

(ii) Petitioners shall appear before the investigating officer in Crime No.1464/2022 of Central Police Station, Ernakulam on every Saturday at 11 am till the final report is filed and shall co-operate with the investigation;

(iii) The petitioners shall not attempt to interfere with the investigation or to influence any witness in Crime No.1464/2022 of Central Police Station, Ernakulam ;

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

If any of the aforesaid conditions are violated, the investigating officer in Crime No.1464/2022 of Central Police Station, Ernakulam may file an application before the jurisdictional court, for cancellation of bail.