Annad @Vishnu vs State Of Kerala

Application for regular bail.

The petitioner is the 4th accused in Crime No. 2094 of 2020 of Pallikkal Police Station registered for the offences punishable under Sections 447, 294(b), 341, 324, 326, 307, 506 read with Section 34 of Indian Penal Code.

The prosecution allegation is that on 01.12.2020 at 5 p.m. this petitioner along with the other accused have trespassed into the residential house of the defacto complainant and attacked them with dangerous weapons such as iron rod, wooden reaper etc. and caused grievous injuries. They have also pelted stones towards them when the defacto complainant came out of the house along with his parents. They have also attempted to hit them with a car and caused grievous injuries with the intention of causing death of the mother of the defacto complainant as well his wife and thereby committed the aforesaid offences.

The petitioner has been in custody since 18.02.2021.

The learned counsel for the petitioner has submitted that he has been falsely implicated in the case at the instigation of the defacto complainant but he is totally innocent.

The learned Public Prosecutor opposed the application contending that the mother of the defacto complainant who is aged 61 years had sustained very serious injuries in the attack by the petitioner and other accused. It is also submitted that this petitioner is having criminal antecedents.

Of course, the allegations levelled against this petitioner and the other accused are grave and serious in nature. But the complicity of this petitioner in committing the offences when compared with the other accused is much less. As the master mind of this crime has already been released on bail, I think that this petitioner can also be released on bail.

Hence, this application is allowed subject to the following conditions:

(i) The petitioner shall be released on bail on his executing a bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties for the like sum each to the satisfaction of the court having jurisdiction.

(ii) The petitioner shall report before the Investigating Officer on every Monday between 10 a.m. and 10.30 a.m. for two months or till the final report is filed, whichever is earlier. He shall also appear before the Investigating Officer for interrogation as and when required by him, in writing.

(iii) The petitioner shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence.

(iv) The petitioner shall not commit any offence while on bail.

In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with the law.