Lijesh.K.P vs State Of Kerala

A.Badharudeen, J

This is an application for regular bail filed by the petitioners, who are accused Nos.1 to 9 in Crime No.53/23 of Panur Police Station, Kannur, under Section 439 of the Code of Criminal Procedure (hereinafter referred to as `Cr.P.C' for short).

Heard both sides and perused the case diary as such.

The prosecution case is that at 12.15 a.m on 16.01.2023, accused No.1 to 5, formed themselves into an unlawful assembly, armed with dangerous weapons like iron rod, stick etc. with intention to commit culpable homicide not amounting to murder and physically assaulted the defacto complainant with such intention, who was repairing the tube lights at Champeth road in connection with the Panniyannur Koorumbakkavu Temple festival. The specific allegation is that the accused hit the defacto complainant with iron rods, sticks etc. and thereby caused very serious injuries to him. The prosecution allegation further is that though the defacto complainant survived, he sustained very serious injuries including fracture. Thus the accused alleged to have committed the offence punishable under Sections 143, 147, 148, 341, 323, 324, 326 and 308 IPC r/w Sec.149 IPC.

It is submitted by the learned counsel for the petitioners that the petitioners are innocent and counter case was also registered in this occurrence and the learned Sessions Judge granted bail to the accused in the said case, while refusing bail to the petitioners, as per order in Crl.M.C.No.78/2023 dated 24.01.2023.

On perusal of the case diary, it would appear that accused Nos.1 to 9 in this crime attempted to commit culpable homicide of the defacto complainant, thereby he was attacked and caused fatal injuries in their attempt to do so, after forming into unlawful assembly armed with deadly weapons. The wound certificate available as that of one Aneesh would go to show that Aneesh sustained lacerated wound 6 X 4 X 4 cm left side of parietal scalp and contusion 2 X 2 cm over back of left side. In the wound certificate of Siljith, another injured also, some injuries were noted as under:

“Contusion 3 X 3 cm (L) shoulder with restricted RoM, depressed nasal bone deformity (L) side, Contusion (L) thumb nail, contusion 2 X 2 cm over (R) finger.”

Thus the prosecution allegation is well made out in this case. That apart, it is reported by the learned Public Prosecutor that the occurrence is in connection with the festival of Koorumba temple. Further the prosecution records would go to show that 1st accused had used billhook, accused No.3 used iron pipe, accused Nos.4 to 7 used wooden stick and attempted to commit culpable homicide of the defacto complainant.

It is relevant to note that attack was after trespassing upon the house of the defacto complainant. In the report it is stated that the petitioners had involved in 2 more crimes, viz. Crime No.55/2023 alleging commission of offences punishable under Sections 143, 147, 148, 341, 332, 324, 353, 294(b) r/w 149 of the Indian Penal Code (hereinafter referred to as `IPC' for short) and Crime No.120/2023, alleging commission of offences punishable under Sections 143, 147, 148, 447, 341, 323, 354, 294(b) r/w 149 IPC. In Crime No.120/2023, the 1st and 3rd accused are the accused. It is also reported that accused Nos.3 and 5 are persons having criminal antecedents and they have involvement in Crime No.448/2011 of Panoor Police Station alleging commission of offences punishable under Sections 143, 147, 148, 323, 324 r/w 149 IPC. Thus it appears that complicity of the petitioners in this occurrence to commit culpable homicide of the defacto complainant after trespassing upon the residence of the defacto complainant using deadly weapons is well made out, prima facie. Investigation is at the primitive stage. Since the petitioners were arrested on 20.01.2023 and have been in custody thereafter, on appraisal of the progress of the investigation, I am inclined to release them on bail by imposing stringent conditions and one among such conditions is that the petitioners/accused shall not involve in any other offence during the currency of bail and any such event, if reported or came to the notice of this Court, the same shall be a reason to cancel the bail hereby granted.

Accordingly, the petition stands allowed and the petitioner can be released on bail on the following conditions:

i. Accused/petitioners shall be released on bail on their executing bond for Rs.50,000/- (Rupees Fifty Thousand Only) each with two solvent sureties each for the like amount to the satisfaction of the jurisdictional court concerned.

ii. Accused/petitioners shall not intimidate the witnesses or tamper with evidence. They shall co-operate with the investigation and shall be available for trial. They shall visit the Investigating Officer on every Monday in between 9 a.m and 12 noon for a period of two months and also appear before the Investigating Officer as and when directed.

iii. Accused/petitioners shall not leave India without prior permission of the jurisdictional court.

iv. The petitioners shall surrender their passport, if any, within 7 days from the date of their release, before the trial court. If they have no passports, they shall file an affidavit in this regard on the date of execution of the bond or within 3 days thereafter.

v. Accused/petitioners shall not involve in any other offence during the currency of bail and any such event, if reported or came to the notice of this Court, the same shall be a reason to cancel the bail hereby granted.