Binu vs State Of Kerala

Shircy V, J

Application for regular bail.

The petitioners are accused Nos. 3 and 5 in Crime No. 394 of 2021 of Mavelikkara Police Station registered for the offences punishable under

Sections 323, 324, 307 and 34 of Indian Penal Code.

The prosecution case is that between 11 p.m. on 09.05.2021 and 7 a.m. on 10.05.2021, the accused with the intention to commit murder of one Biju,

the son of the brother of the defacto complainant, attacked him with deadly weapons and caused grievous injuries on the vital part of his body and

thereby committed the aforesaid offences.

The petitioners are in custody since 11.05.2021.

The learned counsel for the petitioners would submit that these petitioners were falsely implicated in the case by the defacto complainant to wreck

vengeance upon them. In fact they are totally innocent. It is also pointed out by the learned counsel that bail has already been granted to the 4th

accused and now the investigation of the case is practically over.

The learned Public Prosecutor has submitted that bail has already been granted to the 4th accused and the other accused were also apprehended by

the investigating agency. It is also submitted that the investigation of the case is nearing completion.

Having regard to the present stage of investigation, the period of detention undergone by them in custody as well the fact that one accused had

already been granted regular bail by this court, I think that the request made by these petitioners for their release on bail can also be considered

favourably. It is also found that the injured who sustained injuries had already been discharged from the hospital and the recovery of the weapons

alleged to have been used by the accused had already been recovered by the investigating agency.

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

(i) The petitioners shall be released on bail after interrogation, by 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 in the event of arrest by the police in connection with the above crime.

(ii) They shall appear before the Investigating Officer on every Friday between 11 a.m. and 12 noon till the final report is filed. They shall co-operate with the

investigation of the case.

(iii) They 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) They 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.