Manikandan And Ors vs State Of Kerala

The applicants are accused Nos. 1 to 4 in Crime No.611 of 2020 of Kozhinjampara Police Station, Palakkad, for having allegedly committed

offences punishable under Sections 143, 144, 147, 148, 341 and 324 read with Section 149 of the IPC. Subsequently, an offence under Section 326

IPC was added and offences under Sections 143, 144, 147, 148 are removed and Section 34 of the IPC is incorporated in place of Section 149 IPC.

The prosecution case, in brief, is this:

On 05.09.2020 at about 8.00 PM, the applicants prevented the defacto complainant from taking photographs of Covid patients, when they were

being removed from that area by the health workers. The defacto complainant did not like that and there was a scuffle between them and the

applicants. As a result of which, the applicants allegedly hit him with stones and also with hands, in consequence of which, he sustained grievous hurt

by fracturing his shoulder bone. The applicant would state that the allegations are not true and it was the defacto complainant who had actually

attacked the applicant. The 1st applicant also sustained a grievous injury of fracture on his hand. And, moreover, it is also stated that the defacto

complainant had fallen down in an inebriated condition and broken his shoulder bone. The applicants have nothing to do with that injury. And,

moreover, they don't have any antecedents also. And, hence, they may be released on bail.

Heard the learned counsel appearing for the applicants and the learned Public Prosecutor. The learned Public Prosecutor admits that the applicants

do not have any criminal antecedents. The stones which were allegedly used for causing the grievous injury to the defacto complainant has also been

recovered. There is also a counter case registered against the defacto complainant and others as Crime No.614 of 2020 at the same Police Station for

offences punishable under Sections 325 IPC among others. The applicants have no criminal antecedents. The recovery is complete. And, I find no

reason why they should be incarcerated for the purpose of custodial interrogation and there is no possibility of their absconding or not co-operating

with the investigation.

In the result, the application is allowed and the applicants are directed to surrender before the Investigating Officer within two weeks. After

interrogation, in the event of their being arrested, they shall be released on bail on the execution of bonds for Rs.50,000/-(Rupees Fifty thousand only),

each with two solvent sureties, each for the like amount to the satisfaction of the Investigating Officer and on following further conditions:

(i) They shall appear before the Investigating Officer as and when called for and shall co-operate with the investigation.

(ii) They shall not intimidate or influence witnesses and tamper with evidence.

(iii) They shall not get involved in similar offences during the currency of the bail period.

In case of breach of any of the bail conditions, the prosecution shall be at liberty to apply for cancellation of the bail before the jurisdictional court.

The bail application is allowed.