Alex Xavier vs State Of Kerala

Viju Abraham, J.

This is an application for regular bail.

Petitioners are accused 1 to 3 in Crime No.878 of 2022 of Valiyathura Police Station, Thiruvananthapuram District registered alleging commission of offences punishable under Sections 341, 324 and 307 read with Section 34 of the Indian Penal Code.

The prosecution case in brief is that on 05.10.2022 at 6.15 p.m. accused Nos.1 to 6 in furtherance of their common intention to murder the defacto complainant, wrongfully restrained the victim at Valiyathura Church. When the complainant attempted to run away from the scene of crime, the accused had beaten and pushed him down. Then, the 2nd accused, armed with a bill hook, inflicted an injury on the hand of the defacto complainant. Based on the utterance of the 1st accused to kill the defacto complainant, accused Nos. 2 and 4 armed with billhooks, inflicted several cut injuries all over the body of defacto complainant. Accused Nos. 5 and 6, armed with an iron pipe and iron liver, beaten the complainant and caused hurt to him. The 1st accused, armed with a sharp knife like weapon, stabbed on the chest of defacto complainant and all the accused voluntarily took part in the offences to cause injuries to the defacto complainant and thereby attempted to commit murder. Thus accused persons have committed the aforesaid offences.

Petitioners submit that they are in custody from 08.10.2022 onwards and they have been falsely implicated in the abovesaid crime.

Learned Public Prosecutor seriously opposed the application for bail mainly contending that the petitioners have serious criminal antecedents.

Considering the facts and circumstances of the case and taking into consideration the detention of the petitioners from 08.10.2022 onwards, I am inclined to grant bail to the petitioners, but the same shall only be on stringent conditions taking note of their serious criminal antecedents..

(i) The petitioners shall execute a bond for Rs.50,000/-(Rupees fifty thousand only) each with two solvent sureties each for the like sum to the satisfaction of the jurisdictional court.

(ii) They shall appear before the investigating officer in Crime No.878 of 2022 of Valiyathura Police Station, Thiruvananthapuram District on all Saturdays at 11.00 a.m. until further orders.

(iii) They shall not leave the State of Kerala without getting prior permission from the jurisdictional court.

(iv) They shall not enter the jurisdictional limit of Valiyathura Police Station for a period of six months except for complying with condition No.(ii) or to attend any court proceedings.

(v) They shall not attempt to interfere with the investigation or to influence any witness in the abovesaid crime.

(vi) They shall not involve in any other crime while on bail.

If  any  of  the  aforesaid  conditions  are  violated,  the investigating officer in Crime No.878 of 2022 of Valiyathura Police Station, Thiruvananthapuram District may file an application before the jurisdictional court, for cancellation of bail.