Jithin @ Asan vs State Of Kerala

Viju Abraham, J

This is an application for Regular Bail.

The petitioners are accused Nos.1 to 4 in Crime No.487/2022 of Chalissery Police Station, Palakkad alleging commission of offences punishable under Sections 143, 147, 148, 323, 324, 294 (b), 506 (ii), 308 r/w Section 149 of the Indian Penal Code.

The prosecution allegation is that, on 04.10.2022 at 20.30 pm, at Mooliparambu Mele Centre, the 1st accused along with other accused attacked the defacto complainant with an iron rod and thereby committed the afore said offences.

The learned counsel for the petitioners submitted that, the petitioners earlier approached this Court seeking anticipatory bail as per Anx.A1 - order and thereafter the petitioners surrendered before the investigating officer as directed in Anx.A1 - order and that they are in custody from 27.11.2022. It is further submitted that no serious injuries were sustained by the defacto complainant in the alleged incident.

The learned Public Prosecutor opposed the application for bail mainly contending that the defacto complainant was attacked by the petitioners with an iron rod and he sustained injuries. The learned Public Prosecutor further submitted that all the petitioners are involved in several other criminal cases. It is also contended that no serious injuries were sustained by the defacto complainant in the alleged incident and that the present crime is continuation of series of political conflicts in the area.

Having regard to the facts and circumstances of the case, taking into consideration the fact that the petitioners are in custody from 27.11.2022, I am inclined to grant bail to the petitioners but taking note of the seriousness of the allegations and the apprehensions raised by the learned Public Prosecutor, the same shall only be on stringent conditions and it is ordered that the petitioners shall be released on bail on 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) Petitioners shall appear before the investigating officer in Crime No.487/2022 of Chalissery Police Station, Palakkad on every Saturday at 11 am till the final report is filed and shall co-operate with the investigation;

(iii) The petitioners shall not attempt to interfere with the investigation or to influence any witness in Crime No.487/2022 of Chalissery Police Station, Palakkad ;

(iv) The petitioners shall not enter the jurisdictional limit of the Chalissery Police Station, Palakkad for a period of two months except for the purpose of complying with condition No.(ii) above or to attend any court proceedings;

(v) 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.487/2022 of Chalissery Police Station, Palakkad may file an application before the jurisdictional court, for cancellation of bail.