Jino James vs State Of Kerala

Viju Abraham, J.

This is an application for regular bail.

Petitioner are accused Nos.1, 2, 3, 4, 6 and 7 in Crime No.1346 of 2022 of Thodupuzha Police Station, Idukki alleging commission of offences punishable under Sections 294(b), 341, 323, 324, 325, 307, 143 and 147 read with Section 149 of the Indian Penal Code.

The prosecution allegation is that, on 01.10.2022 around 19.45 hours, behind the poultry shop of one Ashraf, at Njarkutty in Muthalakkodam Kara, the 1st accused verbally abused the defacto complainant and pinned his neck and fisted him. The 2nd accused hit behind his head with an iron material, the 3rd accused kicked in his ribs, the 4th accused yelled out to kill the defacto complainant and recurrently kicked him. The defacto complainant sustained injuries in the incident and also sustained multiple fracture to his ribs and abrasion all over the body and thus the accused have committed the abovesaid offences.

Earlier the petitioners have moved anticipatory bail applications before this Court and the same was disposed of as per Annexure-A1 order directing that the petitioners shall surrender before the investigating officer and seek for bail. Thereafter they surrendered and are in custody from 05.12.2022 onwards.

Learned Public Prosecutor though opposed the application for bail mainly contending that the defacto complainant has sustained serious injuries in the alleged incident, submitted that the petitioners have not involved in any other crimes.

Considering the facts and circumstances of the case and the nature of allegations and also taking into consideration the fact that petitioners have no other criminal antecedents, I am inclined to grant bail to the petitioners. 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 a bond for 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) They shall appear before the investigating officer in Crime No.1346 of 2022 of Thodupuzha Police Station, Idukki on all Saturdays at 11.00 a.m. till the filing of final report.

(iii) They shall not attempt to interfere with the investigation or to influence any witness in the abovesaid crime.

(iv) They shall not involve in any other crime while on bail.

If any of the aforesaid conditions are violated, the investigating officer in Crime No.1346 of 2022 of Thodupuzha Police Station, Idukki may file an application before the jurisdictional court, for cancellation of bail.