Lalu.S vs State Of Kerala

Viju Abraham, J.

This is an application for regular bail.

The petitioners are accused Nos. 1 & 2 in the Crime No.844/2022 of Thenmala Police Station, Kollam District alleging commission of offence punishable under Sections 294(b), 341, 427, 324, 326, 308 and 506 r/w Section 34 of Indian Penal Code.

The prosecution allegation is that, on 13.09.2022 at about 9.15 pm, when the defacto complainant was riding his bike, the 1st accused chased him and when he reached near a bakery, he attacked him using a rod and as a result, the defacto complainant fell on the road and thereupon the 2nd accused rushed towards him with an iron rod and attacked him using the same and as a result, the defacto complainant sustained injuries and damage to his vehicle and also lost an amount of Rs.27,000/- and thereby committed the aforesaid offences.

The learned counsel for the petitioners submitted that the petitioners have been falsely implicated in the above said crime. It is also submitted that the entire version of the prosecution case is a cooked up story and there was an unexplained delay of 4 days in filing the FIR inasmuch as the alleged incident was on 13.09.2022 and the complaint was filed only on 17.09.2022. It is further submitted that the petitioners were arrested on 27.09.2022 and that they have no other criminal antecedents.

The learned Public Prosecutor seriously opposed the application for bail mainly contending that serious injury was sustained by the defacto complainant including five fractures on the head. It is further submitted that the petitioners have no other criminal antecedents.

Having regard to the facts and circumstances of the case, considering the nature of the allegations and considering the fact that the petitioners are in custody from 27.09.2022 onwards and that they have no other criminal antecedents, I am inclined to grant bail to the petitioners subject to 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 a 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) The petitioners shall appear before the investigating officer in Crime No.844/2022 of Thenmala Police Station, Kollam District 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 or intimidate the defacto complainant or any witness in Crime No.844/2022 of Thenmala Police Station, Kollam District;

(iv) The petitioners shall not enter the local limits of the Thenmala police station except for the purpose of complying with condition No.(ii) above or for complying with any court proceedins, for a period of one month;

(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.844/2022 of Thenmala Police Station, Kollam District may file an application before the jurisdictional court, for cancellation of bail.