Athul Anil vs State Of Kerala

Viju Abraham,  J

This is an application for regular bail.

The petitioner is accused No.3 in Crime No.1061/2022 of Parippally Police Station, Kollam District, alleging commission of offences punishable under Sections 341, 294(b), 323, 324, 506(i), 307 and 34 of the Indian Penal Code.

The prosecution allegation is that, on 28.11.2022 at 10.45 pm, at the road in front of Lekshmi Bar, Parippally, the accused attempted to commit murder of the defacto complainant and his friend Maneesh and caused grievous injuries to them and thus committed the aforesaid offences.

4 .The learned counsel for the petitioner submitted that the petitioner has been falsely implicated in the above said crime. It is also submitted that the petitioner is in custody from 09.12.2022 onwards. It is further submitted that the investigation has progressed considerably and further detention of the petitioner is not required for the purpose of investigation. It is the further case of the petitioner that he is aged only 20 years and he has no other criminal antecedents.

The learned Public Prosecutor opposed the bail application mainly contending that the defacto complainant and his friend were attacked by the accused persons and the specific overtact against the petitioner is that he has attacked them using an interlock block and the defacto complainant sustained injury in the said attack. It is also the case of the prosecution that the 2nd accused inflicted a serious stab injury on the defacto complainant and he sustained serious injuries in the alleged incident. It is further submitted that the 1st accused is a person who is included in the rowdy list of Parippally Police Station, but submitted that the petitioner has no other criminal antecedents.

Having regard to the facts and circumstances of the case, considering the nature of the allegations and considering the fact that the petitioner is a first time offender and he is in custody from 09.12.2022 onwards, I am inclined to grant bail to the petitioner, but taking note of the serious nature of allegations, the same shall be on stringent conditions. In the result, the bail application is allowed. It is directed that the petitioner shall be released on bail, subject to the following conditions:

(i) The petitioner shall execute a bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like-sum to the satisfaction of the jurisdictional court;

(ii) Petitioner shall appear before the investigating officer in Crime No.1061/2022 of Parippally Police Station, Kollam District on every Saturday at 11 am, for a period of six months;

(iii) The petitioner shall not attempt to interfere with the investigation or to influence or intimidate the defacto complainant or any witness in Crime No.1061/2022 of Parippally Police Station, Kollam District;

(iv) The petitioner shall not involve in any other crime while on bail.

If any of the aforesaid conditions are violated, the investigating officer in Crime No.1061/2022 of Parippally Police Station, Kollam District may file an application before the jurisdictional court, for cancellation of bail.