Dileep @ Vadi Dileep vs State Of Kerala

Gopinath P., J

These applications are for regular bail.

Petitioners in these applications are accused in Crime No.1829/2021 of Vanchiyoor police station, alleging commission of offences under Sections

143, 147, 148, 294(b), 323, 324 and 307 r/w. Section 149 of the Indian Penal Code.

Allegation against the petitioners is that, they brutally attacked the de facto complainant and inflicted severe injuries on him. While some among the

accused are alleged to have used weapons to inflict injuries on the de facto complainant, some other accused are alleged to have actively helped in the

same by preventing other people from approaching the place where the de facto complainant was being attacked.

Learned counsel appearing for the petitioners would submit that without going into the merits of the matter, the petitioners are entitled to be released

on bail as all of them had been in custody for more than 90 days. It is submitted that the second petitioner in Bail application No.9599/2021 was

released on bail, pursuant to the interim order dated 13.01.2022, finding that there was no specific overt act is alleged against him and taking note of

the fact that the other accused similarly placed have been released on bail by the Sessions court.

I have heard the learned Public Prosecutor also. Learned Public Prosecutor confirms that no final report has been filed in the matter.

Taking note of the above and considering the fact that all the petitioners are entitled to statutory bail under Section 167(2) of the Criminal Procedure

Code, I am inclined to grant bail the petitioners subject to conditions. Accordingly, this application for bail is allowed and it is directed that the petitioner

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) each with two solvent sureties each for the like-sum to the

satisfaction of the jurisdictional court;

(ii) Petitioners shall appear before the investigating officer in Crime No.1829/2021 of Vanchiyoor. Police station on every Saturday at 11 am until filing of final report;

(iii) The petitioners shall not attempt to interfere with the investigation or to influence or intimidate the de facto complainant or any witness in Crime No. 1829/2021 of

Vanchiyoor police station;

(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.1829/2021 of Vanchiyoor police station may file an application

before the jurisdictional court, for cancellation of bail.

If the second petitioner in bail Application No.9599/2021 (Accused No.7) has already executed bond, a fresh bond need not be obtained from him.