Jithin vs State Of Kerala

Viju Abraham, J.

This is an application for Regular Bail.

The petitioners in B.A. No. 8976/2022 are accused Nos. 4 and 5 whereas the petitioners in B. A. No. 8978/2022 are accused Nos. 1 and 3 in the Crime No.1101/2022 of Kilikolloor Police Station, Kollam District, alleging commission of offences punishable under Sections 143, 147, 148, 341, 323, 324, 326 and 308 r/w Section 149 of Indian Penal Code.

The prosecution allegation is that, on 16.10.2022, at 20 hours, in furtherance of their common object to attack the defacto complainant, accused Nos. 1 to 6 formed themselves into an unlawful assembly near Santo Mukku junction and they committed rioting with deadly weapons like swords and attacked the defacto complainant and his relative Kamalraj and caused grievous injuries. The 1st accused hacked the defacto complainant with a sword aiming at his neck and when the defacto complainant tried to evade from the said attack by swearing his head, it hit on his nose and he sustained grievous injuries on his nose. The 1st accused also caused injury on the forehead of the defacto complainant. The 3rd accused attacked the said Kamalraj with a sword and caused injuries. Accused Nos. 1 to 6 also manhandled the defacto complainant by beating and fisting and thereby committed the aforementioned offences.

The learned counsel for the petitioners submitted that the petitioners were arrested on 17.10.2022 and that they are in custody since then. It is also submitted that they have been falsely implicated in the above said crime and even going by the prosecution allegation, the ingredients of offences punishable under Section 308 is not attracted at all. It is further submitted that the petitioners have no other criminal antecedents.

The learned Public Prosecutor opposed the applications for bail mainly contending that the defacto complainant was attacked by the accused and the 1st accused hacked the defacto complainant with a sword aiming at his neck and he evaded the same, resulted in the injury on his nose. The 3rd accused also used a sword and caused injury to one of the relative of the defacto complainant and other petitioners also manhandled the defacto complainant by beating and fisting him. It is further submitted by the learned Public Prosecutor that no other criminal antecedents are seen reported against the petitioners.

Having regard to the facts and circumstances of the case, considering the nature of the allegations and considering the fact that the petitioners are in custody from 17.10.2022 onwards and that they have no other criminal antecedents, I am inclined to grant bail to the petitioners subject to stringent conditions. In the result, these bail applications are 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 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.1101/2022 of Kilikolloor Police Station, Kollam District, on every Saturday at 11 am, until filing of the charge sheet;

(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.1101/2022 of Kilikolloor Police Station, Kollam District,; (iv) 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.1101/2022 of Kilikolloor Police Station, Kollam District, may file an application before the jurisdictional court, for cancellation of bail.