K.V.Anil Kumar vs State Of Kerala

Shircy V., J

This application is for regular bail filed by the 5th accused in Crime No. 1917 of 2020 of Pooyappally Police Station, Kollam District registered for

the offences punishable under Sections 143, 147, 148, 452, 450, 109, 326 and 307 r/w Section 149 of the Indian Penal Code.

The prosecution allegation is that on 18.10.2020 at about 02.00 a.m this petitioner and the other accused have formed themselves into an unlawful

assembly in prosecution of their common object to attack the defacto complainant and with the intention to cause his death committed house trespass

into the residence and attacked him with deadly weapons such as sword, wooden logs etc and thus caused fatal injuries. Thereby, they have

committed the aforesaid offences.

The petitioner has been in custody since 29.10.2021.

Heard the learned counsel for the petitioner as well the learned Public Prosecutor.

The learned counsel for the petitioner has submitted that he is totally innocent of the allegations levelled against him. But he is undergoing

unnecessary incarceration since the date of his arrest. It is also pointed out by him that now the investigation of the case is almost over and all the

other accused except this petitioner are on bail. Hence, this application.

The learned Public Prosecutor opposed this application contending that he is having criminal antecedents. But the investigation of the case is almost

over.

It is true that this petitioner is in custody since 29.10.2021. Now the investigation of the case is not over but it is nearing completion and all the other

accused have been enlarged on bail by the court below. Though this petitioner is having criminal antecedents and the allegations leveled against him in

this case are grave and serious in nature, as the investigation of the case is almost over and what is left back is only filing of the final report, I find it

just and proper to accept his request for his release on bail subject to the following conditions :-

(i) The petitioner shall be released on bail on executing a bond for a sum of Rs.1,00,000/- (Rupees one lakh only) with two solvent sureties for the like sum to the

satisfaction of the court having jurisdiction. One of the sureties shall be a close relative.

(ii) He shall co-operate with the trial of the case.

(iii) He shall appear before the investigating officer on every Monday between 10.30 am and 12.00 noon for a period of two months or till filing of the final report,

whichever is earlier .

(iv) The petitioner shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him

from disclosing such facts to the court or to any police officer or tamper with the evidence.

(v) The petitioner shall not commit any offence while on bail.

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In case of violation of any of the above conditions, the jurisdictional court is empowered to cancel the bail in accordance with the law.