Anandu P. Manoj vs State Of Kerala

Gopinath P, J

This is an application for regular bail.

The petitioner is the 6th accused in Crime No.1641 of 2021 of Chingavanam Police Station, Kottayam District, alleging commission of offences

under Sections 143, 144, 147, 148, 323, 324, 341, 308, 294(b) and 149 of the Indian Penal Code. The allegation against the petitioner is that on

19.10.2021 at about 09.45PM, the petitioner along with the other accused assembled together and attacked one Nidhin, who is the relative of the de-

facto complainant. It is alleged that when the de-facto complainant intervened, the 1st accused in the case took a hand-axe lying there and inflicted

injury on the de-facto complainant. It is alleged that the 2nd accused also inflicted an injury using the same axe. Accused Nos.3 to 7 are alleged to

have slapped and kicked the de-facto complainant and his wife.

The learned counsel for the petitioner would submit that several of the accused in the case have already been granted bail. It is submitted that the

allegation in so far as the petitioner is concerned is that he had slapped and kicked the de-facto complainant and his wife. It is submitted that the

specific allegations of use of the axe to inflict injury is against the 1st and 2nd accused.

The learned Public Prosecutor opposes the grant of bail. The injuries suffered by the de-facto complainant are pointed out. It is submitted that a

final report has already been filed in the matter and it is for the petitioner to approach the trial court for bail.

Having regard to the facts and circumstances of the case and considering the nature of the allegations and also considering that some of the other

accused have been released on bail (including by this Court), I am of the view that the petitioner can be also granted bail subject to conditions. I also

note that the petitioner has been in custody for 29 days and since the final report has already been filed, his continued detention is not necessary for

the purpose of any investigation.

In the result, this bail application is allowed and it is directed that the petitioner shall be released on bail subject to the following conditions:

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

Jurisdictional Court;

(2) Petitioner shall report before the investigating officer in Crime No.1641 of 2021 of Chingavanam Police Station, Kottayam District, on every Saturday at 11.00AM

until further orders;

(3) The petitioner shall not attempt to interfere with the investigation or to influence or intimidate the de-facto complainant or any witness in Crime No.1641 of 2021 of

Chingavanam Police Station, Kottayam District;

(4) The petitioner shall not involve in any other crime while on bail.

If any of the aforesaid conditions are violated, the investigating officer in Crime No.1641 of 2021 of Chingavanam Police Station, Kottayam District,

may file an application before the Jurisdictional Court for cancellation of bail.