Joby vs State Of Kerala

Gopinath P., J

This is an application for regular bail

The petitioner is the 3rd accused in Crime No.276/2022 of Mala Police Station, Thrissur District, alleging the commission of offences under Sections 341, 324, 323, 294(b), 307 and 34 of the Indian Penal Code.

The allegation against the petitioner is that on 08-03-2022 at about 9.05 P.M., the petitioner along with the other accused in the case wrongfully restrained a friend of the de facto complainant and stabbed him on several parts of his body using a knife.

The learned counsel appearing for the petitioner would submit that the petitioner along with other accused had gone to consume alcohol at a bar known as Anupama Bar at Mala and a brawl took place between the injured person and the 2nd accused, following which it is alleged that the 1st accused had hit the injured person on his head with a plastic bottle. It is submitted that the only allegation against the petitioner is that he was with the other accused during the alleged commission of the offence. It is submitted that there is no specific overt act against the petitioner. It is submitted that the petitioner has been falsely implicated and he had no role in the matter. It is submitted that the petitioner has no criminal antecedents. It is also submitted that the petitioner has been in custody from 9.3.2022 and his continued detention is not necessary in the facts and circumstances of the case.

The learned Public Prosecutor opposes the grant of bail.  The circumstances of the case appearing against the petitioner are pointed out. It is submitted that the petitioner along with other accused is alleged to have injured the friend of the de facto complainant It is submitted that the injuries are fairly serious and the petitioner is not entitled to be granted bail.

Having regard to the facts and circumstances of the case and considering the nature of the allegations and also considering the fact that the petitioner has no criminal antecedents, I am of the view that the petitioner can be granted bail subject to the conditions as his continued detention is not necessary for the purposes of any investigation.

In the result this bail application is allowed. It is directed that the petitioner shall be released on bail, subject to the following conditions:-

(i) The petitioner shall execute a separate bond for a sum of Rs.50,000/-(Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Court;

(ii) The Petitioner shall report before the Investigating officer in Crime No.276/2022 of Mala Police Station, Thrissur District on every Saturday at 11 a.m until filing of final report;

(iii) The petitioner shall not attempt to interfere with the investigation, influence or intimidate the de facto complainant or any witness in Crime No.276/2022 of Mala Police Station, Thrissur District;

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

If any of the aforesaid conditions are violated, the Investigating officer in Crime No.276/2022 of Mala Police Station, Thrissur District may file an application before the jurisdictional Court for cancellation of bail.