Abhilash And Ors vs State Of Kerala

This is an application for regular bail under Section 439 of the Cr.P.C.

The applicants are accused 1 and 2 in Crime No.68/2021 of Palode Police Station for having allegedly committed the offences punishable under Sections 143, 144, 147, 148, 326, 307 and 452 read with Section 149 of the I.P.C. Subsequently, as submitted by the learned Public Prosecutor, the offences under Sections 143, 144, 147, 148 and 149 of the I.P.C. have been deleted and offences under Section 201 read with Section 34 of the I.P.C. was added.

The prosecution case, in brief, is that on 12.01.2021 at about 1.30 AM, the applicants and two other accused, in furtherance of common intention, trespassed into the house of the de facto complainant, after having made preparation to cause hurt to him and commit murder, they attacked the de facto complainant and his son by means of dangerous weapons like chopper and curved knife, causing multiple fractures to the son of the de facto complainant, who sustained fractures on his leg and hand and injuries were also caused to his chest. The applicants were arrested on 18.01.2021 and continue to remain in custody, and therefore, they seek bail.

Heard the learned Counsel for the applicants and the learned Public Prosecutor.

The learned Public Prosecutor submits that the applicants have not been cooperating with the investigation. The weapons are yet to be recovered, and therefore, the bail application is vehemently opposed. However, the learned Public Prosecutor admits that the applicants have no other criminal antecedents. The investigation has been completed and the final report has already been filed. However, considering the fact that the investigation has been completed and the applicants have been in custody from 18.01.2021 and they do not have any criminal antecedents, I find no reason for further incarceration of the applicants.

As a result, the bail application is allowed and the applicants are directed to be released on bail on the execution of a bond for Rs.50,000/- (Rupees fifty thousand only) each, with two solvent sureties each for the like amount to the satisfaction of the jurisdictional court, on the following other conditions:

i) They shall not attempt to influence or intimidate the witnesses; and

ii) They shall not get involved in similar offences during the currency of the bail.

In case of breach of any of the bail conditions, the prosecution shall be at liberty to apply for cancellation of the bail before the jurisdictional Court.