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 and 3 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.

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 Sri.P.Vijayabhanu, the learned senior counsel appearing for the petitioners and learned Public Prosecutor.

The senior counsel submitted that the petitioners were arrested on 11.3.2022 and they are in custody for the last 85 days. The senior counsel submitted that the accused Nos. 5 to 7 were already released on bail by this Court as per order dated 6.5.2022 in B.A. No.2596/2022. Petitioners were also applicants in that bail application. But the petitioners' bail application was rejected. The senior counsel submitted that investigation is almost over. It is submitted that the petitioners are youngsters aged 20 and 21 and they have no criminal background. The learned Public Prosecutor seriously opposed the bail application. The Public Prosecutor made available a report submitted by the investigating officer. The Public Prosecutor submitted that the investigation is not over and there is active participation of the petitioners in the incident.

This Court considered the contentions of the petitioners and the Public Prosecutor. It is true that the allegation against the petitioners are serious in nature. But the petitioners are in custody for the last 85 days. Accused Nos. 5 to 7 were already released on bail by this Court as evident by Annexure-2. Ofcourse, the reason for granting bail to those accused are different. Considering the period of detention and also considering the fact that there is no criminal background to the petitioners, I think this bail application can be allowed on stringent conditions.

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

Petitioners 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 shall appear before the Investigating Officer for interrogation as and when required. Petitioners 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 shall not leave India without permission of the jurisdictional Court.

Petitioners 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 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, 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.