High CourtsSingle Bench

Aneesh Ayoob vs State Of Kerala

High Court Of Kerala · Decided on 7 November 2022 · Citation: (2022) 11 KL CK 0058

HON’BLE JUDGES
Viju Abraham, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 34, 294(b), 308, 324, 427, 452, 506(ii)
RESULT
Dismissed
CASE NUMBER
Bail Application No. 8589 Of 2022
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Judgment

12 paragraphs · 380 words

Viju Abraham, J.

1.

This is an application for Regular Bail.

2.

Petitioners are accused Nos.1 and 2 in Crime No.756/2022 of Mannuthy Police Station, Thrissur alleging commission of offences punishable under Sections 452, 324, 308, 427, 506(ii) and Section 294(b) r/w Section 34 of the IPC.

3.

The prosecution allegation is that, on 30.09.2022 at 12.50 pm, the accused who are three in numbers in furtherance of their common intention committed trespass into the chicken shop of the de facto complainant. Thereafter, the accused attacked the de facto complainant and voluntarily caused hurt to him by means of dangerous weapons and then the accused have attempted to commit culpable homicide of the de facto complainant and thereby committed the aforesaid offences.

4.

The learned counsel for the petitioners submitted that the petitioners are falsely implicated in the above said crime and they are in custody from 05.10.2022 and further submitted that their continued detention is not necessary for the purpose of the investigation.

5.

The learned Public Prosecutor, upon instruction, submitted that the de facto complainant sustained injuries in the alleged incident but further submitted that no antecedents is seen reported against the petitioners herein.

6.

Having regard to the facts and circumstances of the case, taking into consideration the fact that the petitioners are in custody from 05.10.2022, I am inclined to grant bail to the petitioners and it is ordered that the petitioners shall be released on bail on the following stringent conditions:

(i) The petitioners shall execute 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.756/2022 of Mannuthy Police Station, Thrissur on every Saturday at 11 am till the final report is filed and shall co-operate with the investigation;

(iii) The petitioners shall not attempt to interfere with the investigation or to influence any witness in Crime No.756/2022 of Mannuthy Police Station, Thrissur ;

(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.756/2022 of Mannuthy Police Station, Thrissur may file an application before the jurisdictional court, for cancellation of bail.