Anandhu vs State Of Kerala

Shircy V, J

Application for regular bail.

Petitioners in bail application No.4555 of 2021 are the 1st, 3rd and 4th accused in Crime No.536 of 2021 of Sasthamcotta Police Station registered

for the offences punishable under Sections 144, 147, 148, 341, 294(b), 326, 143, 323 and 308 r/w Section 149 of the Indian Penal Code and Section 27

of the Arms Act.

The petitioner in bail application No.4588 of 2021 is 2nd accused.

The prosecution allegation is that on 01.05.2021 at about 08.00 pm, the accused have formed an unlawful assembly, armed with deadly weapons

with the common object to attack the defacto complainant. They have intercepted the scooter driven by the defacto complainant along with his brother

and wrongfully restrained them and had attacked and hacked the defacto complainant with a sword causing grievous injuries to his head. The accused

have also inflicted fatal injuries by using a sword to the brother of the defacto complainant and his friends who were along with the defacto

complainant at that time and thereby they have committed the aforesaid offences.

The petitioners are in custody since 02.05.2021.

It is submitted by the learned counsel for the petitioners that in fact, the allegations levelled against them are false and baseless and the defacto

complainant has not sustained any injury as alleged by the prosecution. Immediately, after the alleged incident the defacto complainant and his brother

trespassed into the residential house of the second accused and manhandled his parents and brother and they have sustained grievous injuries and a

crime was registered as Crime No.535 of 2021 by the very same police.

It is also pointed out by the learned counsel for the petitioners that some of the accused persons have already been granted anticipatory bail as they

are innocent. Hence this application for regular bail.

According to the learned Public Prosecutor the investigation of both the cases are well in progress. Though the defacto complainant has sustained

serious injuries, he has been discharged from the hospital.

Having regard to the present stage of the investigation in this case as well the investigation in Crime No.535 of 2021 in which the parents of the

second accused (petitioner in B.A.No.4588 of 2021) had sustained injuries, the other facts and circumstances involved in this case, the period of

detention undergone by them in judicial custody, the present pandemic situation of our country and also the fact that they have no criminal antecedents

except accused Nos.1 and 3, I am inclined to release them on bail subject to the following conditions :-

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

each to the satisfaction of the court having jurisdiction.

(ii) They shall also appear before the Investigating Officer on every Friday between 10 am and 11 am till the final report is filed.

(iii) The petitioners 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.

(iv) The petitioners 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.