Basha Max vs State Of Kerala

Gopinath.P, J

This is an application for regular bail

The petitioners are the accused in Crime No.280/2022 of Anchal Police Station, Kollam District alleging commission of offences under Sections 324 and 307 r/w 34 of the Indian Penal Code.

The allegation against the petitioners is that they attacked the de facto complainant with nunjack and an iron rod, as a result of which the de facto complainant suffered some injuries. It is alleged that had the de facto complainant not been able to evade the attack, the same might have resulted the death of the de facto complainant.

The learned counsel appearing for the petitioners would submit that the petitioners are absolutely innocent in the matter. It is submitted that the petitioners were earlier members of a political organization and had changed allegiance later, as a result of which an altercation took place between the petitioners and the de facto complainant and actually the de facto complainant had attacked the petitioners. It is submitted that a crime No.283/2022 of the very same Police Station has been registered against the de facto complainant in this regard. It is submitted that the de facto complainant managed to get his case registered as the earlier case owing to the political influence. It is submitted that the the petitioners have been in custody from 04-03-2022 and further detention is not necessary in the facts and circumstances of the case.

The learned Public Prosecutor opposes the grant of bail. It is submitted that going by the allegations raised against the petitioners, the petitioners had used dangerous weapons to attack the de facto complainant. It is submitted that the attack would have even resulted in the death of the

de facto complainant had he not been able to evade the attack. It is submitted that the allegations made against the petitioners clearly attract the provisions of Section 307 of the Indian Penal Code. However, it is admitted that no serious injuries were caused to the de facto complainant. It is submitted that both the petitioners have criminal antecedents.

Having regard to the facts and circumstances of the case and considering the nature of the allegations and also considering the fact that the petitioners have been in custody from 04-03-2022 and since their continued detention does not appear to be necessary for the purposes of investigation, I am of the opinion that the petitioners can be granted bail subject to the following conditions.

In the result this bail application is allowed. It is directed that the petitioners shall be released on bail, subject to the following conditions:-

(i) The petitioners shall execute separate bonds for sums of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the arresting officer;

(ii) The Petitioners shall report before the Investigating officer in Crime No.280/2022 of Anchal Police Station, Kollam District on every Saturday at 10 a.m until filing of final report;

(iii) The petitioners shall not attempt to interfere with the investigation, influence or intimidate the de facto complainant or any witness in Crime No.280/2022 of Anchal Police Station, Kollam District ;

(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.280/2022 of Anchal Police Station, Kollam District may file an application before the jurisdictional Court for cancellation of bail.