Mahesh vs State Of Kerala

Viju Abraham, J

This is an application for regular bail.

Petitioners are accused Nos.1 and 2 in Crime No.644 of 2022 of Vallikunnam Police Station, Alappuzha registered alleging commission of offences punishable under Sections 323, 324, 326, 307 and 506(i) read with Section 34 of the Indian Penal Code.

The prosecution case is that on 03.12.2022, at about 9.00 p.m. in front of the grocery shop of one Suni, Elippakkulam, the petitioners in furtherance of their common intention assaulted on various parts of the body of Sri. Rajan Pillai causing contusion and fracture on his skull. Thus, the accused attempted to commit murder of the husband of defacto complainant Smt. Radhamma. It is also alleged that the petitioners assaulted the injured due to the previous enmity against the injured, in pursuant to the nuisance created by the injured in the house after consuming alcohol. Prosecution further alleged that the petitioners used some weapon to attack the injured. Thus the petitioners have committed the aforesaid offences.

Petitioners submit that they have been falsely implicated in the abovesaid crime and they are in custody from 12.12.2022 onwards. Petitioners further submit that they never used any weapon and that there is no previous enmity between them and the injured to commit his murder. In fact the 1st petitioner is the son of the injured and the 2nd petitioner is his nephew. The injured was drunk at the relevant time and was making nuisance to others and there occurred some verbal altercation between the injured and the petitioner and the injured fell down during the scuffle and sustained injuries.

Learned Public Prosecutor upon instructions submitted that the defacto complainant was attacked by the petitioners and in the said attack he sustained serious injuries including fracture of skull. Learned Public Prosecutor further submits that the injured apprehends that he will be attacked again by the petitioners if they are released on bail. Learned Public Prosecutor upon instructions submits that the petitioners have no other criminal antecedents.

Considering the facts and circumstances of the case and the detention of the petitioners from 12.12.2022 onwards and also taking note of the fact that the petitioners have no other criminal antecedents, I am inclined to grant bail to them 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 jurisdictional court.

(ii) They shall appear before the investigating officer in Crime No.644 of 2022 of Vallikunnam Police Station, Alappuzha on all Saturdays at 11.00 a.m. till the filing of charge sheet.

(iii) They shall not enter the jurisdiction limit of Vallikunnam Police Station, Alappuzha for a period of one month except for complying with any bail conditions or attending any proceedings before a court of law.

(iv) They shall not attempt to interfere with the investigation or to influence any witness in the abovesaid crime.

(v) They shall not involve in any other crime while on bail.

If  any  of  the  aforesaid  conditions  are  violated,  the investigating officer in Crime No.644 of 2022 of Vallikunnam Police Station, Alappuzha may file an application before the jurisdictional court, for cancellation of bail.