Harshad. H. vs State Of Kerala

Viju Abraham, J

This is an application for Regular Bail.

The petitioners are the accused Nos.1 to 3 in Crime No.436/2022 of Sreekaryam Police Station, Thiruvananthapuram alleging commission of offences punishable under Sections 294(b), 323, 324, 307 r/w 34 of the IPC.

The prosecution case is that, on 02.05.2022 at about 8 PM., in the meat shop of the de facto complainant situated near Sreekaryam Mosque, the petitioners attacked the de facto complainant and others using dangerous weapons, and attempted to kill them. It is alleged that, the 1st accused, by using a chopper, caused a cut injury on the chest of the de facto complainant and when the brother of the de facto complainant Muneer intervened, the 2nd accused stamped him, and the 1st accused caused a cut injury on his back, using a chopper. The 3rd accused fisted Muneer n his chest and he fell down. Thereafter, the 1st accused again caused a cut injury on the left shoulder of the de facto complainant and when one Shibu, who is the neighbouring shop owner, intervened, the 2nd accused, by using a knife, stabbed him on his abdomen. When the de facto complainant tried to escape, the 1st accused again caused a cut injury on his buttocks and threatened the staff in the neighbouring shops, who intervened.

The learned counsel for the petitioners submitted that, they are in custody from 03.05.2022 onwards.

The learned Public Prosecutor, seriously opposed the application for bail, mainly contending that, the injuries sustained by the de facto complainant are severe and further that petitioner Nos. 1 and 3 are involved in an offence punishable under Section 302 of the IPC. It is also submitted that, the charge sheet has already been laid.

Having regard to the facts and circumstances of the case, taking into consideration the fact that the petitioners are in custody from 03.05.2022 onwards and that the charge sheet has already been laid, I am inclined to grant bail to the petitioners and it is ordered that the petitioners shall be released on bail on the following stringent conditions:

(i) The petitioners shall execute bond for a sum 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) The petitioners shall not attempt to interfere with the investigation or to influence or any witness in Crime No.436/2022 of Sreekaryam Police Station, Thiruvananthapuram;

(iv) The petitioners shall surrender their passport before the jurisdictional court. If the petitioner does not have a passport, they shall execute an affidavit to that effect and file the same before the said court within seven days of release on bail;

(v) The petitioners shall not enter into the jurisdictional limit of the Sreekaryam Police Station until completion of the trial of the case, except for complying with any of the  directions  issued  by  the  court  and  to attend any proceedings before the court.

(vi) 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.436/2022 of Sreekaryam Police Station, Thiruvananthapuram may file an application before the jurisdictional court, for cancellation of bail.