Ajmal.N.H vs State Of Kerala

Mohammed Nias C.P.J

This application is filed under Section 439 of the Code of Criminal Procedure, seeking regular bail.

The petitioners are accused Nos. 7 and 8 in Crime No. 711/2023 of Aroor Police Station, Alappuzha District, for having allegedly committed offences punishable under Sections 143, 147, 148, 341, 324, 323, 308 and 149 of the Indian Penal Code.

The prosecution case, in short, is that, due to animosity as the defacto complainant questioned the accused for assaulting his cousin, the accused in prosecution of their common object to cause hurt to the defacto complainant, on 20.8.2023 at 9 P.M., at the concrete pathway adjacent to the compound wall of the house of one Velappan, viz., Pannackalparambil in ward No.22 of Aroor panchayath, formed themselves into an unlawful assembly, armed with deadly weapons, and the 1st accused pulled the defacto complainant by holding his shirt and incessantly cut on the head and face of the defacto complainant using a chopper, causing injuries including fracture to nasal hone. The 2nd accused beat on the head of the defacto complainant using an axe, the 3rd accused with a nanjak, and the 4th accused with an iron rod beat on his head, causing injuries. In the meantime, accused Nos.5 to 8 beat, fisted the defacto complainant with their hands, and stamped him. On seeing the same, when the cousin of the defacto complainant named Nimil intervened, the 1st and 2nd accused hacked and beat on his head with the chopper and the axe and thereby attempted to commit murder and thereby committed the offence.

The learned public prosecutor opposed the petition and points out that the petitioner is not entitled to bail.

The learned counsel for the petitioner submits that he is not pressing the application with respect to the 2nd petitioner. As regards the 1st petitioner/7th accused, taking into account the fact that he has been detained since 22/08/2023 and that the accused Nos. 1 and 3 have already been granted bail by the Sessions Court in Crl.M.P.No. 3957/2023 dated 26/08/2023, I am inclined to grant bail to the 1st petitioner, notwithstanding two antecedents reported against him.

Accordingly, this application is allowed, and the 1st petitioner is granted bail subject to the following conditions:-

(i) The 1st petitioner shall be released on bail on executing 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) The 1st petitioner shall report before the Investigating Officer as and when directed.

(iii) The 1st petitioner shall not tamper or attempt to tamper with the evidence or influence or try to influence the witnesses.

(iv) The 1st petitioner shall not be involved in any other crime while on bail.

(v) The 1st petitioner shall surrender his passport, if any, within seven days from the date of his release before the Court concerned, and if the release of the passport is required at the later period, the petitioner shall be at liberty to move an appropriate application for the same before the court having jurisdiction. If he has no passport, he shall file an affidavit to that effect before the court concerned on the date of execution of the bond or within three days thereafter.

If any of the conditions are violated, the court concerned shall be empowered to take steps for cancellation of bail as per law.