Jayesh J vs State Of Kerala

P.V.Kunhikrishnan, J

This Bail Application is filed under Section 439 of Criminal Procedure Code.

Petitioners are accused Nos.2, 3 and 5 to 7 in Crime No.180 of 2022 of Alathur Police Station. The above case is registered against the petitioners and others alleging offences punishable under Section 143, 147, 148, 341, 323, 324, 506 (ii), 294(b), 326, 302 read with Section 149 of the Indian Penal Code. Accused Nos.2, 3, 5 and 7 were arrested on 11.03.2022 and accused No.6 was arrested on 14.03.2022.

The prosecution case is that on 02.03.2022 at 6.30 pm, due to previous vengeance, accused Nos.1 to 7 in prosecution of the common object of unlawful assembly armed with deadly weapons such as soda bottles and other weapons, with the intention to commit murder, wrongfully restrained the de-facto complainant’s brother Arunkumar and his friends namely Gokul Krishna, Krishnakumar, Krishnan, Santhosh and Vishnu. It is alleged that the accused voluntarily caused hurt to them by beating and kicking them. When Arunkumar fell down, accused No.1 uttered obscene words against him, voluntarily caused hurt to him by stabbing on his left chest using a dangerous weapon. It is alleged that accused Nos.2 and 3 threw soda bottles. Subsequently on 11.03.2022 at 4.30 pm, Arunkumar expired while undergoing treatment. Hence it is alleged that the accused committed offence.

Heard counsel for the petitioners and the Public Prosecutor. The counsel for the petitioners submitted that the petitioners were arrested in March, 2022 and they are in custody from that date onwards. The counsel for the petitioners submitted that there is no serious allegation against the petitioners. The petitioners are ready to abide any conditions if this Court grant them bail. The Public Prosecutor seriously opposed the bail application. The Public Prosecutor submitted that there are specific overt acts attributed to the petitioners as per the FIR itself. The Public Prosecutor also submitted that the petitioners may not be released on bail. It is true that the allegations against the petitioners are very serious. Accused Nos.2 and 3 who are petitioners 1 and 2 herein are actively involved in this case. They used soda bottle to attack the injured. But as far as petitioners 3 to 5 are concerned, who are accused Nos.5 to 7, there is no serious allegation and the prosecution has no case that any dangerous weapons are used by them. In such circumstances, the bail can be granted to petitioners 3 to 5 and petitioners 1 and 2 are not entitled bail at this stage.

Considering the facts and circumstances of this case, this Bail Application is allowed with the following directions:

Petitioners 3 to 5 shall be released on bail on executing a bond for Rs.50,000/-(Rupees Fifty Thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Court.

Petitioners 3 to 5 shall appear before the Investigating Officer for interrogation as and when required. Petitioners 3 to 5 shall co-operate with the investigation and 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/her from disclosing such facts to the Court or to any police officer.

Petitioners 3 to 5 shall not leave India without permission of the jurisdictional Court.

Petitioners 3 to 5 shall not commit an offence similar to the offence of which they are accused, or suspected, of the commission of which they are suspected.

Petitioners 3 to 5 shall appear before the Investigating Officer on all Mondays and Fridays at 10 am till final report is filed.

If any of the above conditions are violated by petitioners 3 to 5, the jurisdictional Court can cancel the bail in accordance to law, even though the bail is granted by this Court. The prosecution and the victim are at liberty to approach the jurisdictional court to cancel the bail, if there is any violation of the above conditions.

The bail application of petitioners 1 and 2 are dismissed.