Aravind vs State Of Kerala

Ziyad Rahman A.A., J

This is an application filed under Section 439 Cr.P.C. for regular bail.

The petitioner was initially arrayed as 2nd accused in Crime No.977 of 2022 of Vilappilsala Police Station. It is reported that now he is the 1st accused.

The offences alleged against the petitioner and other accused are under Sections 120B, 341, 323, 354, 326 and 307, read with Section 34 IPC. The prosecution case is that, on 19.10.2022, at about 7.50 P.M., as part of the criminal conspiracy, the petitioner, along with other accused, attacked the de facto complainant and his sister, using dangerous weapons and attempted to kill them. It is also alleged that, while the victims were coming on a motorcycle, accused Nos.2 to 4 waylaid their motorcycle and the 2nd accused, after threatening them, aimed at the head of the de facto complainant using an iron rod. When the de facto complainant prevented the attack using his left hand, it fell upon his palm, causing a fracture to the middle and ring fingers.

The petitioner was arrested in connection with the case on 23.12.2022. Since then, he has been under judicial custody. Even though he applied for bail before the learned Magistrate, the same was dismissed, and this application is submitted in such circumstances.

The learned Public Prosecutor, on the other hand, would oppose the said application. It is contended that the allegations against the petitioner are serious in nature. In the event of his release, he is likely to influence the victims, thereby causing prejudice to the prosecution. However, it is submitted by the learned Public Prosecutor that the recovery of the weapons was already affected, and the petitioner is not involved in any other cases.

After considering all the relevant aspects, I am of the view that bail can be granted to the petitioner. This is mainly because the petitioner has been under custody since 23.12.2022, and the recovery of the weapons and other relevant materials are already affected. There is substantial progress in the investigation. Therefore, I do not find any necessity in continuing the detention of the petitioner. Moreover, the petitioner is not involved in any other criminal cases.

In such circumstances, this bail application is allowed, and the petitioner is directed to be released on bail subject to the following conditions:

(i) The petitioner shall be released on bail on executing a bond for Rs. 1,00,000/- (Rupees One lakh only) with two solvent sureties for the like sum each to the satisfaction of the jurisdictional Magistrate/Court.

(ii) The petitioner shall fully cooperate with the investigation.

(iii) The petitioner shall appear before the investigating officer between 10.00 a.m and 11.00 a.m every Thursday, until the filing of the final report.

(iv) The petitioner shall also appear before the investigating officer as and when required by him.

(v) The petitioner shall not commit any offence of like nature while on bail.

(vi) The petitioner shall not make any attempt to contact any of the prosecution witnesses, directly or through any other person, or in any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation.

(vii) The petitioner shall not leave the State of Kerala without the permission of the trial Court.