Aneesh vs State Of Kerala

A.Badharudeen, J

This is a petition filed under Section 439 of the Code of Criminal Procedure, 1973 and the petitioners are accused Nos.1 to 5 in crime No.23/2023 of Keezhvaipur Police Station, Pathanamthitta, where they alleged to have committed offences punishable under Sections 294(b), 143, 147, 148, 149, 452, 323, 324, 326, 307, 506 and 427 of Indian Penal Code and the petitioners seek regular bail.

Heard the learned counsel for the petitioners as well as the learned Public Prosecutor.

Perused the relevant documents placed by the learned Public Prosecutor form part of the Case Diary.

The prosecution allegation is that at about 08:30 p.m. on 07.01.2023, the accused herein formed themselves into unlawful assembly, armed with deadly weapons with knowledge that they are all members of the said assembly, then they trespassed upon the house of the defacto complainant and assaulted and stabbed him by using sharp weapons with intention to murder the defacto complainant. This is the premise on which the prosecution alleges commission of the above offences.

While canvassing regular bail to the petitioners, who have been in custody (1st accused has been in custody from 07.01.2023, accused Nos.2 to 4 have been in custody from 08.01.2023 and 5th accused has been in custody from 09.01.2023), the learned counsel for the petitioners would submit that the petitioners are innocent. According to the learned counsel for the petitioners, since recovery at the instance of the petitioners, practically over and the investigation has achieved substantial progress, the petitioners are liable to be released on bail.

Whereas, the learned Public Prosecutor strongly opposed the bail on the submission that the allegations are very serious and the complicity of the petitioners in this matter, is well established prima facie not only by the statements of the injured persons as well as the occurrence witnesses, but by the medical certificates showing very serious injuries including multiple fractures. Therefore, the learned Public Prosecutor zealously opposed the bail.

According to the prosecution, the motive behind the crime, is animosity arose out of an occurrence whereby the defacto complainant's son, opposed over speeding of vehicle by the accused. It is relevant to note that the 2nd accused is a person, who has involvement in one more crime vide Crime No.143/2008 for the offences punishable under Sections 143, 147, 148, 149, 308, 324, 326, 354, 427 and 452 of IPC. No antecedents reported in so far as the other petitioners are concerned.

In this matter, in the copy of wound certificate of Anandu, the following injuries are noted:

cut wound over the right little finger 3x3x2 cm.

cut wound over the back of occipital area 1x1x1 cm.

Nasal bleed.

He was referred to higher centre for better treatment.

In the wound certificate of Mani, the injury noted is, 'both bone fracture left fore arm'. He was also referred to higher centre for better treatment.

Thus, it appears that in this case, the prosecution case is well established, prima facie and attack against the defacto complainant during night could not be justified. Since the investigation has achieved much progress, in consideration of the custody of the petitioners as noted herein above, I am inclined to grant regular bail to the petitioners.

Accordingly, this petition stands allowed and the petitioners are enlarged on bail on the following conditions:

i. The accused/petitioners shall be released on bail on their executing bond for Rs.50,000/- (Rupees Fifty Thousand Only) each with two solvent sureties, each for the like amount to the satisfaction of the Jurisdictional court, concerned.

ii. The accused/petitioners shall not intimidate the witnesses or tamper with evidence.

iii. The accused/petitioners shall co-operate with the investigation and shall be available for trial. They shall appear before the Investigating Officer on every Tuesday in between 9 a.m and 12 noon, from the date of release on bail, for a period of two months or till the final report will be filed, whichever occur first.

iv. The petitioners shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of this case, so as to dissuade them from disclosing such facts to the court or to any police officer.

v. The petitioners shall surrender their passport, if any, within 7 days from the date of their release, before the trial court. If they have no passport, they shall file an affidavit in this regard on the date of execution of the bond or within 3 days thereafter.

vi.The petitioners shall not involve in any other offence during the currency of bail and any such event, if reported or came to the notice of this court, the same shall be a reason to cancel the bail hereby granted.