Mahesh vs State Of Kerala And Ors

Petitioners are accused Nos.5 and 6 in crime No.263/2021 of Mannar Police Station. The allegation is that the petitioners along with five others formed an unlawful assembly in prosecution of their common object trespassed upon the residence of the defacto complainant and caused injuries and attempts were made against his life. The allegation is that the accused nos.1 and 2 had used weapons. They face offences punishable under Sections 143, 147, 148, 452, 294(b), 323, 324, 307 read with Section 149 of IPC.

Heard the learned counsel on both sides.

The petitioners were arrested on 20.3.2021 and are in custody since then; it is submitted that the investigation has been progressed considerably and the recovery of the weapon is effected. In the light of the above, the petitioners need not be retained in custody any further. Even though there are two more crimes registered against the 1st petitioner, no criminal antecedents is noticed against the 2nd petitioner.

Therefore, the petitioners shall be released on bail on the following conditions:-

i) The petitioners shall execute a bond for Rs.50,000/-(Rupees Fifty Thousand Only) each with two solvent sureties each for the like sum to the satisfaction of the Judicial First Class Magistrate, Chengannur;

ii) They shall not try to contact or influence the witnesses or tamper with the evidence;

iii) They shall not enter Mannar Police Station limits, until further orders;

iv) Petitioners shall not leave India without permission of the jurisdictional Court;

v) They shall appear before the committal/trial court as and when required;

vi) The petitioners shall strictly follow the various guidelines issued by the State and Central Governments with respect to keeping of social distancing in the wake of Covid 19 pandemic;

vii) If any of the above conditions are violated by the petitioners, the jurisdictional Court shall be at liberty to cancel the bail in accordance with law.

This bail application is allowed, as above.