Akash @ Poppy vs State Of Kerala

Ashok Menon, J

 Application for regular bail under Section 439 of Cr.P.C.

The applicant is the 5th accused in Crime No.284/2021 of Vallikunnam Police Station, Alappuzha for having allegedly committed offences punishable

under Sections 120(B), 341, 143, 144, 147, 148, 323, 324, 307, 302, 308 and 326 r/w Section 149 of IPC.

The prosecution case, in brief, is that on 14.04.2021, the applicant along with other accused hatched a conspiracy at the house of the 2nd accused to

commit murder of deceased Abhimanu, a boy aged 16 years and at about 9.30 p.m. on that day while Abhimanu and others were at the festival

ground of Pattanivattom temple, the applicant and remaining six accused formed an unlawful assembly and in prosecution of the common object of the

said unlawful assembly, they wrongfully retrained the deceased Abhimanu and his friends, committed riot armed with deadly weapon like knife and the

1st accused stabbed Abhimanu on the left side his chest and thereafter the 4th accused stabbed him again. The death was caused due to the

penetrating injury to his chest which was caused by the 1st accused. The accused also allegedly attempted to commit murder of the friends of the

deceased namely, Adarsh and Kashinath and thus caused grievous injury to Adarsh. The specific allegation against the applicant is that he was part of

the conspiracy and that in prosecution of the common object of the unlawful assembly, the applicant had wrongfully restrained the deceased as also

the injured and facilitated attack of the deceased and others by A1 and A4.

The 1st accused was already arrested, but the weapon could not be recovered, submits the learned Public Prosecutor. It is also submitted that the

4th accused is yet to be arrested because he is the person who is in possession of the weapon. The applicant has been in custody since 18.04.2021

and he was not in possession of the weapon and nothing to be recovered from him. The learned Public Prosecutor points out that the applicant has

criminal antecedents and he was involved in Crime No.525/2019 for offences punishable under Sections 457 and 380 r/w Section 34 of IPC of

Vallikunnam Police Station. Therefore, releasing him on bail would cause hindrance to the prosecution and moreover the weapon is not yet recovered

and A4 is also to be arrested. Therefore, the application for bail is vehemently opposed by the learned Public Prosecutor.

After having heard the submissions made on both sides, I find that the applicant is a young man and he is involved in only one other crime. He has

been in custody for a fairly long time and there is nothing to be recovered from him. It is true that he is alleged to have conspired to commit the

murder of a 16-year-old boy. He had also wrongfully restrained the deceased and the injured in prosecution of the common object of the unlawful

assembly of which he was a member. But he was not wielding any weapon. Under the circumstances, I find that further incarceration of the

applicant, particularly in these pandemic days may not be necessary. He can be released on bail on stringent conditions. The application is therefore

allowed. The applicant is directed to be released on bail on the execution of bond for Rs. 50,000/-(Rupees fifty thousand only) with two solvent

sureties, each for the like amount to the satisfaction of the jurisdictional court and on following conditions:-

(i) He shall appear before the investigating officer on all Saturdays between 9 a.m. and 12 noon for a period of two months.

(ii) He shall not get involved in similar cases during the currency of the bail.

(iii) He shall not tamper with evidence, intimidate or influence the witnesses.

In case of violation of the bail conditions, the prosecution is at liberty to move for cancellation of the bail before the jurisdictional court.