Amaldev vs State Of Kerala

Shircy V, J

Both the Applications are for regular bail.

B.A.No.8029/2021 is the application for regular bail filed by the petitioner/accused No.5 in Crime No.513/2021 of Kodakara Police Station, Thrissur District registered for the offences punishable under Sections 143, 147, 148, 341, 323, 324, 326, 294(b), 506(ii), 427 and 308 r/w 149 of the Indian Penal Code. B.A.No.8177/2021 is the application filed by the petitioners/accused Nos.1, 3, 4 & 6 of the same crime.

The petitioners are in custody since 08.10.2021.

The first information report as well the connected records would reveal that on 08.10.2021 at about 1.30 p.m, these petitioners along with the other accused have formed themselves into an unlawful assembly armed with deadly weapon with the common object to attack the defacto complainant had wrongfully restrained him at Nellai Junction, Kodakara and abused him in filthy language and attacked him as well as his friends with deadly weapons, while he was travelling in his car along with his friends. They have also beaten him with an iron rod and caused fatal injuries on head. Another blow, which was aimed to his head was some how or other evaded by him but it fell on the back side of his head and caused severe injuries. Had it been other wise it would have caused his death. Thereby they have committed the aforesaid offences.

According to the learned counsel for the petitioners, they were falsely implicated in the case. In fact, no specific overt act is alleged against these petitioners and they were not even having any weapon so as to inflict injuries as alleged. Only the 2nd accused was having a weapon with him. In fact, the defacto complainant was invited to the junction by these petitioners as they were having some issues with regard to a money transaction. When they came for a settlement talk, there arose some scuffle all on a sudden and accidentally he along with his friends sustained injuries. But these petitioners have not inflicted any injury on the defacto complainant as alleged by the prosecution. But they are undergoing unnecessary incarceration since the date of their arrest.

The learned Public Prosecutor opposed the bail applications and submitted the wound certificates of the defacto complainant and his friends, who sustained injuries, for perusal.

The defacto complainant had sustained grievous injuries as revealed from the wound certificates. Apart from the de facto complainant his friend Anjith, aged only 24 years had also sustained serious injuries and both of them along with the other petitioner who sustained minor injuries, were rushed to the nearby hospital and they had undergone treatment there. They were treated only as outpatient and they were not admitted in any hospital as evident from the wound certificates produced by the learned Public Prosecutor. That would indicate that the injuries were not that serious in nature.

It is true that another crime has been registered against the defacto complainant as Crime No.512/2021 in which he along with his friends were arrainged as accused. Now the investigation is going on smoothly.

Considering the entire facts and circumstances involved as well the registration of Crime No.512/2021 against the defacto complainant and his friends (the injured), I think that both these bail applications can be allowed and they can be enlarged on bail subject to the following conditions:

(i) The petitioners shall be released on bail on each of them executing a bond for a sum of Rs.1,00,000/-(Rupees one lakh only) with two solvent sureties for the like sum each to the satisfaction of the court having jurisdiction.

(ii) They shall appear before the Investigating Officer for interrogation as and when required by him, in writing.

(ii) They 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.

(iii) They 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.