Charli @ Vippi @ Charles vs State Of Kerala

Shircy V, J

Applications for pre-arrest bail.

B.A.No.6323/2021 is an application for pre-arrest bail filed by accused Nos.5, 6 & 8 in Crime No.1224/2021 of Kundara Police Station, Kollam District registered for the offences punishable under Sections 143, 147, 148, 341, 324, 326, 307 r/w 149 of the Indian Penal Code and 27 of the Arms Act. B.A.No.6139/2021 is an application filed by accused Nos.4, 5 & 7 and B.A.No.7195/2021 is an application filed by the 2nd accused in the same crime.

The First Information Report, the F.I Statement and the other connected records would reveal that on 26.07.2021 at about 6.45 p.m, the accused due to their enmity towards the defacto complainant for having filed complaint against the accused for peddling ganja in the locality, have intercepted the Autorikshaw in which the defacto complainant was travelling along with his friends namely Biju and Jijo. In fact they have formed themselves into an unlawful assembly armed with deadly weapons with determination to attack him and to commit his murder, after intercepting the vehicle, dragged him out of the Autorickshaw and hacked him with a sword aiming to his head. They have also  grievous injuries. The attack was in prosecution of their common object to cause the death of the defacto complainant. Thereby they have committed the aforesaid offences.

The learned counsel for the petitioners would submit that the 8th accused is a juvenile having absolutely no involvement in the alleged incident. But he also has been implicated in the case falsely along with the other accused by the defacto complainant. All the petitioners are innocent and they have not attacked the defacto complainant or his friends as alleged by the prosecution. But they apprehend arrest in the false case initiated against them at the instigation of the defacto complainant. Hence this application.

The learned Public Prosecutor refuted the claim of the petitioners that they are totally innocent of the allegations levelled against them. The wound certificates of all the injured have been produced by the learned Public Prosecutor, for perusal.

The wound certificates would show that Anil/the defacto complainant and his friends have sustained very serious injuries in the attack by the accused persons. Immediately after the incident, they were rushed to the hospital and got examined by the Medical Officer of Taluk Hospital, Kundara. They have narrated the history and the alleged cause of injuries to the doctor, who examined them and the doctor has specifically recorded the same, in the wound certificates.

The injuries sustained by the defacto complainant and his friends are grave and serious in nature. The records prima facie would reveal that they were attacked by these petitioners with deadly weapons such as sword, iron rod and stick etc. and they were attacked while they were unarmed and proceeding in an Autorickshaw. The injuries noted in the wound certificates correlates with the incident narrated by the injured. It is prima facie revealed that these petitioners were entertaining enmity towards him just because of the fact that he had given information about their illicit dealings with narcotic drugs in that area. The petitioners as well as the defacto complainant are persons known to each other and they are also from the very same locality. It is further revealed from the First Information Report that the brother of Jijo an injured, on getting the information that, he sustained injuries and had been admitted in the hospital rushed to the hospital. On his way he was also attacked by the 1st accused. His wound certificate would also reveal that he too sustained injuries in the attack immediately after the first incident. So the prosecution records reveal a strong case against them and the records would indicate the seriousness of the offences committed by them. The 1st accused is also an accused in a murder case.

Considering the nature of the accusation levelled against the petitioners as well as the gravity of the injuries sustained by all the injured in the attack by these petitioners, I find that this is not a fit case in which the discretion of this Court can be exercised in their favour as requested by them. However, the 8th accused is the minor aged only 17 years. Though the records would reveal his complicity in causing injuries to the injured, I am inclined to grant pre-arrest bail to him alone subject to the following conditions:

(i) The 8th accused shall be released on bail on his 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 investigating officer in the event of his arrest.

(ii) He shall appear before the Investigating Officer for interrogation as and when required by him, in writing.

(iii) He shall co-operate with the investigation and trial of the case.

(iv)  He  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.

(v) He 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.

The applications with respect to all the other petitioners shall stand dismissed.