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Judgment
Mohammed Nias C.P. J
This is an application filed under Section 439 of the Code of Criminal Procedure seeking regular bail.
The petitioners are the accused Nos.2, 3 and 4 in Crime No.894/2023 of Chengannur police station, Alappuzha, for having committed offences punishable under Sections 294(b), 506, 353 and 308 and 506 r/w 34 of the Indian Penal Code and Section 4 of the Kerala Health Care Service Persons and Health Care Institutions (Prevention of violence and damage to property) Act, 2012.
The prosecution case is that on 09.08.2023 at about 08.15 p.m, the accused persons, with their common dishonest intention to assault the defacto complainant, the Medical Officer of the District Government Hospital, Chengannur and other staff of the hospital to obstruct them from the discharge of their duty, 1st and 2nd accused reached the hospital for treatment while they had given casualty treatment by the defacto complainant, warned the defacto complainant from reporting the information to the police, the 1st accused then uttered and abused at the defacto complainant, threatened him to finish him, 2nd, 3rd and 4th accused persons threatened the other staffs of the hospital and police who tried to stop them. The 1st accused wielded a pair of scissors kept in the dressing room in the casualty towards the defacto complainant and other staff of the hospital, putting themselves in danger to their life. The accused persons acted in furtherance of their common intention to obstruct the defacto complainant from his duties discharged by him, and thereby, the accused persons committed the said offences.
The learned counsel appearing for the petitioners would say that the overt acts are alleged against the 1st accused and submit that the petitioners are innocent. At any rate, he points out that the petitioners are in custody from 10.08.2023, and continued custody of the petitioners is unnecessary.
The learned Public Prosecutor opposed the application and submitted that the 2nd accused was involved in an offence under Section 308 of I.P.C and the 3rd accused in an offence under Section 379 of I.P.C.
After having considered the submissions of the learned counsel for the petitioners and learned Public Prosecutor and taking note of the nature of the allegations against the petitioners and in the absence of any injury caused by them, the fact that they have been in custody since 10.08.2023 and since there is no apprehension raised by the prosecution that if released on bail the petitioners are likely to abscond, I hold that bail can be granted to the petitioners.
Accordingly, this application is allowed, and the petitioners are granted bail subject to the following conditions:-
(i) The petitioners shall be released on bail on executing a bond for Rs.50000/- (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 report before the Investigating Officer as and when directed
(iii) The petitioners shall not tamper or attempt to tamper with the evidence or influence or try to influence the witnesses;
(iv) The petitioners shall not be involved in any other crime while on bail.
(v) If any of the conditions are violated, the court concerned will be empowered to take steps for cancellation of bail as per law;