Aneesh vs State Of Kerala

Viju Abraham, J

This is an application for regular bail.

The petitioners are arrayed as accused Nos. 4 to 6 in Crime No 830/2022 of Ollur Police Station, alleging commission of offences punishable under Sections 143, 144, 147, 148, 447, 341, 323, 324, 308 r/w 149 of Indian Penal Code, 1860 and S.27 of the Arms Act, 1959.

The prosecution case is that on 06.08.2022 at about 10.00 pm, the accused numbers 1 to 7, in furtherance of their common intention, trespassed into the house of one Mr.Hari and attacked the defacto complainant using dangerous weapons and committed culpable homicide.

Heard the learned counsel for the petitioners and the learned Public Prosecutor.

The learned counsel appearing for the petitioners submitted that the petitioners have been falsely implicated in the aforesaid crime and they were arrested on 21.11.2022 and are in custody since then.

The learned Public prosecutor seriously opposed the application for bail mainly contending that in the attack the defacto complainant sustained serious injuries and he was attacked by a group of 7 persons. The learned Public Prosecutor submitted that accused Nos.1 to 3 have approached this court earlier seeking anticipatory bail and the same was rejected by this court as per Annexure-A3 order. The learned Public Prosecutor further submitted that no serious overtacts are alleged against the petitioners herein and that they have no other criminal antecedents.

Considering the facts and circumstances of the case and the nature of the allegations and that the petitioners are in custody from 21.11.2022 onwards and that 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 830/2022 of Ollur Police Station, on every Saturday at 11 am, until filing of final report;

(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 830/2022 of Ollur 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 830/2022 of Ollur Police Station, may file an application before the jurisdictional court, for cancellation of bail.