Amal Nadh vs State Of Kerala

Viju Abraham, J

These are applications for regular bail.

Accused Nos.2 and 3 in the Crime No.872/2022 of Muvattupuzha police station are the petitioners in B.A. No.4042/2022 and accused Nos.2 and 3 in Crime No.361/2022 of Kalloorkkad police station are the petitioners in B.A.No.4044/2022. The offences alleged against petitioners in Crime No.872/2022 are under Sections 341, 294(b), 506, 326, 307 r/w Section 34 of Indian Penal Code(IPC), whereas the offences alleged against the petitioners in Crime No. 361/2022 are 452, 294(b), 506(ii), 307 r/w Section 34 of IPC.

The prosecution allegation in B.A.No.4042/2022 is that, on 02.04.2022 at about 10.30 pm., the accused physically assaulted the defacto complainant and his friend at Avoli-Anikkad kavala road with dangerous weapons and caused serious injuries. It is stated that the first accused verbally abused and criminally intimidated the defacto complainant and thereafter hacked him with a chopper which struck upon the right palm of the defacto complainant when he tried to ward off the assault. The defacto complainant is said to have sustained serious injuries upon his right middle finger and ring finger. The accused no.2 and 3 are said to have wrongfully restrained the defacto complainant by getting hold of him at the time when the first accused assaulted him with a chopper. When the defacto complainant's friend tried to rescue him, the accused no.2 and 3 are said to have wrongfully restrained the friend of the defacto complainant. At that time, the first accused is said to have hacked the defacto complainant's friend also with a chopper which struck on the left palm, as a result of which the right index finger of the above person was almost chopped off. Thus the accused are alleged to have committed the offences punishable U/s. 341, 294(b), 506, 326 and 307 IPC read with section 34 IPC.

4.The prosecution allegation in B.A.No.4044/2022 is that, on 02.04.2022 at about 11 pm., the accused 1 to 3 physically assaulted the defacto complainant and his friend with dangerous weapons at Kadukkachira - Aqueduct road in Enanalloor village and inflicted serious injuries. It is stated that the accused verbally abused the defacto complainant and his friend who were standing in the road, and the first accused hacked the defacto complainant's friend and the defacto complainant with a stick-sword as a result of which the defacto complainant's friend sustained cut injury upon his legs and the defacto complainant sustained out injuries upon his left shoulder and chest. The accused no.2 and 3 pushed aside the defacto complainant at that time. When the defacto complainant took shelter at his house, the accused are alleged to have chased him and criminally trespassed into his house and further assaulted the defacto complainant after verbally abusing and threatening the defacto complainant's father and grandfather. Accused 2 and 3 are said to have assaulted the defacto complainant with iron rods. Thereafter, the accused are said to have caused destructions to the motor bikes of the defacto complainant and his friend which were parked in the road. Thus the accused are alleged to to have committed the offences punishable U/s. 452, 294(b), 506(ii) of IPC read with section 34 IPC.

The petitioners submitted that they were arrested on 03.04.2022 in connection with the aforesaid crimes and that they are continuing in custody.

The learned Public Prosecutor seriously opposed these bail applications mainly contending that the defacto complainant in crime No.872/2022 sustained serious injury which resulted in amputation of one of his fingers. The learned Public Prosecutor also submitted that serious overt acts are alleged against the 1st accused in these cases and petitioners herein aided the commissioning of the said offences. The learned Public Prosecutor further submitted that the petitioners have no other criminal antecedents.

Having regard to the facts and circumstances of the case, considering the nature of the allegations and considering the fact that the petitioners are in custody from 03.04.2022 onwards, I am inclined to grant bail to the petitioners subject to stringent conditions. In the result, the bail application is allowed. It is directed that the petitioners shall be released on bail, subject to the following conditions:

(i) The petitioners shall execute bond for a sum of 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) The Petitioners shall appear before the investigating officer in Crime No.872/2022 of Muvattupuzha police station on every Friday at 11 a.m. and on every Saturday at 11 am in Crime No.361/2022 of Kalloorkkad police station, until filing of final report;

(iii)The petitioners shall not attempt to interfere with the investigation or to influence or intimidate the defacto complainant or any witness in Crime No.872/2022 of Muvattupuzha police station & Crime No.361/2022 of Kalloorkkad police station;

(iv) The petitioners shall not enter the local limits of the place of residence of defacto complainant in Crime No.872/2022 of Muvattupuzha police station & Crime No.361/2022 of Kalloorkkad police station.

(v) The petitioners shall surrender their passport before the jurisdictional court. If the petitioners do not have a passport, they shall execute an affidavit to that effect and file the same before the said court within seven days of release on bail;

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

If any of the aforesaid conditions are violated, the investigating officer in Crime No.872/2022 of Muvattupuzha police station & in Crime No.361/2022 of Kalloorkkad police station may file an application before the jurisdictional court, for cancellation of bail.