Ananathu @ Mookkan @Hash State Of Kerala

Viju Abraham, J.

This is an application for regular bail.

Petitioners are A1 to A3 and A5 in Crime No.1277 of 2022 of Neyyattinkara Police Station, Thiruvananthapuram District registered alleging commission of offences punishable under Sections 294(b), 452, 324, 326, 307 & 427 of of the Indian Penal Code and Section 27 of the Arms Act, 1959.

The prosecution allegation is that due to previous enmity that the brother of defacto complainant and A1 fought earlier, the accused persons with an intention to murder the defacto complainant and his brother, on 06/10/2022 at 11.00 p.m. trespassed into the house of the defacto complainant with deadly weapons. It is further alleged that A1 using a sword inflicted cut injury on the head, A2 using a chopper inflicted cut injury on the hand, A3 using a knife inflicted injury on the back, A4 using a sword inflicted cut injury on the leg and A5 using a chopper inflicted cut injury on the back of the brother of defacto complainant. When the defacto complainant intervened, A1 hurled abuses and inflicted injury on his neck by using sword, A4 using sword inflicted cut injury on his back and A2 using chopper inflicted injury on his back. It is also alleged that the 1st accused inflicted injury on the ring finger of the father of defacto complainant. The accused persons also damaged the window plates of the house of defacto complainant and thereby caused mischief to an amount of Rs.5,000/-. Thus the accused have committed the aforesaid offences.

It is submitted that the petitioners have surrendered before the jurisdictional court on 26.10.2022 and are in custody since then and that they have been falsely implicated in the abovesaid crime. In fact the defacto complainant and his brother are the real aggressors. The brother of the defacto complainant had earlier assaulted the mother of the 1st petitioner and in connection with the same, Annexure-C crime was registered in which the brother of the defacto complainant is arrayed as an accused and after investigation final report is alredy filed in that crime. The defacto complainant and his brother were constantly threatening and humiliating the mother of the 1st petitioner to settle the case instituted by her against them. As the mother of the 1st petitioner is not willing to settle the dispute, the brother of the defacto complainant assaulted the 1st petitioner on 06.09.2022 and in connection with the same Annexure-D crime was registered. On the alleged day also the defacto complainant and his brother trespassed into the house of the 1st petitioner and threatened his mother not to give statement against them in the court.

The learned Public Prosecutor seriously opposed the application for bail mainly contending that the petitioners trespassed into the house of the defacto complainant and damaged the window glass and also threw a lighted petrol bomb and thereafter the defacto complainant was attacked with a chopper. Learned Public Prosecutor upon instructions submitted that the defacto complainant and two others have sustained serious injuries in the alleged incident and further that the 1st petitioner is involved in four cases and accused 2 and 3 are also involved in other criminal cases.

Having regard to the facts and circumstances of the case and taking into consideration the detention of the petitioners from 26.10.2022 onwards, I am inclined to grant bail to the petitioners, but the same shall only be on stringent conditions in view 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.1277 of 2022 of Neyyattinkara Police Station, Thiruvananthapuram District on all Saturdays at 11.00 a.m. for a period of six months.

(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 Neyyattinkara Police Station, Thiruvananthapuram District for a period of two 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.1277 of 2022 of Neyyattinkara Police Station, Thiruvananthapuram District may file an application before the jurisdictional court, for cancellation of bail.

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