Aneesh vs State Of Kerala

Viju Abraham, J

This is an application for regular bail.

Petitioners are accused Nos.2 to 6 in Crime No.486 of 2022 of Thenmala Police Station, alleging commission of offences punishable under Sections 143, 145, 147, 148, 149, 341, 294(b), 323, 324, 326 and 308 of the Indian Penal Code.

The prosecution case is that on 07.06.2022 at about 9.30 hrs, accused 1 to 6 in furtherance of their common object wrongfully restrained the defacto complainant and criminally intimidated him and thereafter A1 had beaten the defacto complainant on his face with a beer bottle causing fracture on his face. When the defacto complainant fell on the ground, A1 again beaten him on his head and caused injuries. A2 had also beaten the defacto complainant with an iron rod on his head which could be warded off by the defacto complainant. The other accused also attacked the defacto complainant and his relatives and caused injuries to them. According to prosecution, if the blow on the head of the defacto complainant inflicted by A2 with an iron rod had not been warded off, it would have resulted in the death of the defacto complainant and thereby the accused committed the aforesaid offences.

Learned counsel for the petitioners submitted that petitioners were arrested on 08.06.2022 and they are in custody since then.

Learned Public Prosecutor opposed the application for bail but submitted that serious overtact is alleged against A1 and A2 as A1 has beaten the defacto complainant on his face with a beer bottle causing fracture on his face and A2 attempted to beat the defacto complainant with an iron rod on his head, which would be warded off by the defacto complainant. No other serious overtacts are alleged against the other petitioners herein. It is also submitted that petitioners have no other criminal antecedents.

Having regard to the facts and circumstances of the case and considering the fact that the petitioners are in custody from 08.06.2022 onwards and they have no other criminal antecedents, 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 a 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) Petitioners shall appear before the investigating officer in Crime No.486 of 2022 of Thenmala Police Station as and when called for.

(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.486 of 2022 of Thenmala Police Station,

(iv) 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.486 of 2022 of Thenmala Police Station, may file an application before the jurisdictional court, for cancellation of bail.