Appukuttan @ Sachu vs State Of Kerala

Shircy V, J

Application for regular bail.

The petitioners are accused Nos. 2 and 3 in Crime No. 1792 of 2021 of Parassala Police Station registered for the offences punishable under Sections 120-B, 341, 506(ii), 324, 307 and 34 of Indian Penal Code.

The petitioners are in custody since 06.09.2021.

The prosecution allegation is that these petitioners along with the other accused, due to their enmity towards the defacto complainant, with the intention to attack him, on 21.07.2021, at about 10 p.m. intercepted his motor cycle at a place near A.G. Church, Chenkal village and manhandled him. He was beaten with an iron rod aiming to his head but he tried to resist the same and it caused severe injuries on his hand. He was manhandled by the accused and caused injuries with the intention to cause his death and thereby, they committed the aforesaid offences.

The learned counsel has a case that these petitioners are falsely implicated in the case due to personal vendetta. He has also pointed out that the 1st accused, who played active role to cause injuries to the defacto complainant, had already been released on bail and hence this application, as further detention is quite unnecessary.

The learned Public Prosecutor pointing out the criminal antecedents of these petitioners opposed the application. It is reported that the 1st petitioner is having 7 cases to his credit and the 2nd petitioner is involved in 13 other cases. But the investigation of the case has considerably progressed and in fact nearing completion.

The weapon used by the assailants to attack the defacto complainant had already been recovered and investigation has also  progressed. It  is  true  that  the  petitioners  are  having criminal antecedents. But the main assailant had already been released on bail. They have already completed more than 60 days in custody and since no materials are available on record to conclude that further detention of these petitioners are required to submit the final report by the investigating agency, I am inclined to release them on bail.

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

(i) The petitioners shall be released on bail on each of them executing a bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two solvent sureties for the like sum each to the satisfaction of the court having jurisdiction.

(ii) The petitioners shall appear before the Investigating Officer on every Monday between 10 a.m. and 12 noon for a period of two months or till the filing of the final report, whichever is earlier.

(iii) The petitioners 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 petitioners 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.