Ishak vs State Of Kerala

Viju Abraham, J

This is an application for regular bail.

The petitions are accused Nos.1 to 3 in Crime No.547/2022 of Chavakkad Police Station, Thrissur alleging commission of offence punishable under Section 143, 147, 148, 341, 324, 308 r/w 149 of Indian Penal Code.

The prosecution allegation is that, accused eight in number due to political enmity, unlawfully assembled in furtherance of their object on 15.06.2022, at 21.15 hours, on the NH-66 road north of Edakazhiyur Petrol pump and wrongfully restrained the brother of the defacto complainant and struck him with an Iron pipe on his head. The accused slapped the defacto complainant and hit him with a weapon just below of his right eye. Had the brother of defacto complainant not evaded the blow with Iron pipe to his head, it would have caused injury to his vital parts resulting in his death. Thus, the accused are alleged to have committed the aforesaid offence.

4 .The learned counsel for the petitioners submitted that the petitioners were falsely implicated in the above said crime and they are totally innocent of the charges levelled against them. It is also submitted that the investigation of the case is almost over and there are no other criminal antecedents as against the petitioners.

The learned Public Prosecutor, upon instructions, submitted that the 1st accused has inflicted the injury and the 2nd & 3rd accused have facilitated commission of the offence.

Having regard to the facts and circumstances of the case, considering the nature of the allegations and considering the fact that the petitioners are first time offenders and they are in custody from 16.06.2022 onwards, I am inclined to grant bail to the petitioners subject to stringent conditions. In the result, the 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 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 appear before the investigating officer in Crime No.547/2022 of Chavakkad Police Station, Thrissur 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 defacto complainant or any witness in Crime No.547/2022 of Chavakkad Police Station, Thrissur;

(iv) The petitioners shall surrender their passport before the jurisdictional court. If the petitioners do 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;

(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.547/2022 of Chavakkad Police Station, Thrissur may file an application before the jurisdictional court, for cancellation of bail.