Alen Biju vs State Of Kerala

M.R.Anitha, J

Application for regular bail filed under Section 439 of the Code of Criminal Procedure.

The petitioner is the 6th accused in Crime No.301/2021 of Elamakkara Police Station, which is registered under Sections 341, 323, 324, 452, 457, 394(b), 307 and 34 of IPC, 1860.

Prosecution case is that accused 1 to 6, in furtherance of the common object to commit attempt to murder and hurt, committed criminal trespass into the house of the defacto complainant at about 10.15 p.m on 01.06.2021, the 1st accused verbally abused him and caught hold of the neck of one Aseem - brother-in-law of the defacto complainant, the 3rd accused beat the above said Aseem upon his cheek and trunk and then the 1st accused dragged the above-said Aseem and pointed a knife upon the neck of the defacto complainant's sister Reshma who questioned the assault, and thereafter the 1st accused grabbed the neck of the defacto complainant and pulled him towards the kitchen of that house and the accused No.2 to 4 pulled down the above said Reshma whereas the accused No.5 and 6 wrongfully restrained her, and then the 1st accused again assaulted the defacto complainant by stabbing upon his shoulder and waist and also stabbed upon the chest of one Josy, the father of the above-said defacto complainant, thereby the accused committed the aforementioned offences.

Heard the learned counsel for the petitioner as well as the learned Public Prosecutor for the State.

According to the learned counsel for the petitioner, the petitioner has been arrested on 01.07.2021. Two accused (Accused No.4 and 5) have already been released on bail.

In this context, the learned Public Prosecutor submitted that both of them were arrested on a prior date, A4 was arrested on 27.06.2021 and A5 was arrested on 21.06.2021 and they were released on bail on 06.08.2021 and 18.08.2021 respectively. It is contended by the learned Public Prosecutor that A4 and A5 stand on a different footing and there is a separate allegation against the present petitioner, who is the 6th accused.

As far as the petitioner is concerned, the allegation against him is that he has wrongfully restrained the defacto complainant and thereby first accused assaulted the defacto complainant again and has caused injuries. However he has been under confinement from 01.07.2021 onwards. It has come out that there is no criminal antecedents as far as the present petitioner is concerned. Though the learned Public Prosecutor submitted that recovery is not over, it is with respect to the first accused since overtact is attributed only against the first accused.

Hence taking into account the period of confinement already undergone by the petitioner and further that accused No.4 and 5 have already been released on bail, I am inclined to grant bail to the petitioner subject to the following conditions:

(i) The petitioner shall be released on bail on his executing bond for a sum of Rs.75,000/- (Rupees seventy five thousand only) with two solvent sureties for the like sum each to the satisfaction of the court having jurisdiction.

(ii) The petitioner shall appear before the SHO concerned for interrogation on all Mondays and Fridays between 9.00 a.m and 10.00 a.m for a period of three months from the date of his release or till the final report is filed, whichever is earlier.

(iii) The petitioner shall surrender his original passport before the court concerned. If he is not having a passport, he shall file an affidavit regarding the same before the court, within a week for his release on bail.

(iv) The petitioner shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence.

(v) The petitioner shall not commit any offence while on bail.

In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with the law.