Lais vs State Of Kerala

Viju Abraham, J

This is an application for regular bail.

Petitioners are accused in Crime No.977 of 2022 of Adimaly Police Station, Idukki District registered alleging commission of offences punishable under Sections 308, 324 and 427 of IPC.

The prosecution allegation against the petitioners is that the 1st accused with an intention to commit culpable homicide and with that intention and knowledge that the assault is likely to cause death of the defacto complainant assaulted the defacto complainant with a key on 23.09.2022 at 3 P.M and thereafter, 1st petitioner attempted to hit the defacto complainant with scooter on 23.09.2022 at about 7.30 p.m which was evaded by the defacto complainant and when the defacto complainant fell down the 2nd petitioner assaulted the defacto complainant with a stone on the back side of the left ear. It is further alleged that the petitioners destroyed the glass of the friend of the defacto complainant and caused a loss of Rs. 2000/-, and thereby the accused committed the above said offences.

Petitioners submit that they have been falsely implicated in the above said crime and they are in custody from 25.09.2022 onwards and they have no other criminal antecedents. Petitioners further submit that the injuries are only minor in nature.

Heard the learned counsel for the petitioners and the learned Public Prosecutor.

Learned Public Prosecutor upon instructions submitted that the defacto complainant was attacked twice and he sustained injuries in the incident, but submitted that the petitioners have no other criminal antecedents.

Considering  the  facts  and  circumstances  of  the case and the nature of the allegations, and that the petitioners are in custody from 25.09.2022 onwards, and that the petitioners have no other criminal antecedents, I am inclined to grant bail to the petitioners, but on stringent conditions. In the result, the bail application is allowed. It is directed that the petitioners shall be released on bail, subject to 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.977 of 2022 of Adimaly Police Station on every Saturday at 11 am, until filing of final report;

(iii) The petitioners shall not attempt to interfere with the investigation or to influence any witness in the above said crime;

(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.977 of 2022 of  Adimaly  Police  Station  may  file  an  application before  the  jurisdictional  court,  for  cancellation of bail.