Abdulla Sabiq vs State Of Kerala

Mohammed Nias C.P., J.

The petitioners filed this application under Section 439 of the Code of Criminal Procedure, 1973, for regular bail. They are the accused in crime No.356/2024 of Poonthura police station, Thiruvananthapuram district, for offences punishable under Sections 294(b), 341, 323, 324, 307 read with Section 34 of the Indian Penal Code.

The prosecution case is that, on 08.04.2024 while the defacto complainant was standing near SKT Hospital, the 1st and 2nd accused manhandled him due to previous enmity. Thereafter, the accused persons called the defacto complainant for settlement. When he went for settlement, the 3rd and 4th accused attacked him, and he managed to escape from there after attacking the 3rd and 4th accused. It is further alleged that the 3rd and 4th accused followed him and attacked him again near SKT Hospital and threatened to kill him and the 3rd and 4th accused stabbed him resulting in serious injuries. The petitioners were arrested on 09.04.2024 and have been in judicial custody since then.

The learned counsel for the petitioners submits that the petitioners are innocent of the allegations levelled against them and falsely implicated in the crime.

The learned Public Prosecutor opposes the petition.

I have heard both sides.

Taking note of the fact that there is a case and a counter case, the petitioners herein namely accused Nos.1 and 2 were also attacked by the defacto complainant for which an FIR is registered, the marriage of the 2nd accused is fixed on 27.05.2024, there are no antecedents reported against the petitioners and that no apprehension is raised by the prosecution of the petitioners absconding if they are released on bail, I am inclined to allow this bail application.

Accordingly, this bail application is allowed, and the petitioners shall be released on bail subject to the following conditions:-

The petitioners shall be released on bail on executing a separate bond for Rs.50,000/- (Rupees Fifty thousand only) each with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction;

The petitioners shall fully cooperate with the trial and shall attend the court on all posting dates except when their absence is permitted by the court concerned;

They shall not intimidate or attempt to influence the witnesses, nor shall they tamper with the evidence or do anything that might adversely affect the trial;

They shall not commit any offence while on bail;

They shall not leave the country without the permission of the Court having jurisdiction;

In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation of bail and pass appropriate orders in accordance with law.