Midhun @ Monu vs State Of Kerala

K.Haripal, J

These are applications filed under Section 439 of the Cr.P.C by accused Nos. 1, 3 and 4 respectively in Crime No.781/2021 of Njarakkal Police

Station in Ernakulam district, which was registered alleging offence punishable under Sections 143, 148, 294(b), 506(ii), 201, 307, 326 read with Section

149 of the IPC.

The alleged incident had happened at 10:30 p.m on 25.06.2021. It is alleged that the accused persons, out of previous animosity towards the defacto

complainant, formed an unlawful assembly and in prosecution of their common object and armed with deadly weapons, attacked and injured the

defacto complainant and caused him grievous injuries. The first accused had used a chopper by which a lacerated wound was caused on the left

parietal region of the defacto complainant. He sustained other injuries also. The other accused had allegedly used iron rods.

I heard the learned counsel on both sides.

The first accused was arrested on 28.06.2021, the third accused was arrested on 09.07.2021 and the fourth accused was arrested on 01.07.2021

and since then they are in judicial custody. It is submitted that the first accused had also sustained a fracture in the occurrence, for which a counter

case has been registered on the strength of the complaint moved by the mother of the first accused.

The first accused was taken to police custody, but the chopper which was allegedly used could not be retrieved. Except fifth accused, all the

accused have been arrested. Investigation has practically advanced. Even though, accused have criminal antecedents, in the circumstance that the

investigation has progressed considerably, their further detention is not necessary.

The learned Senior Public Prosecutor has submitted that four criminal antecedents are noticed against the first accused, including one under Section

302, where charge sheet has already been laid. Whatever it may be, having reviewed the status of the investigation, the petitioners shall be released on

bail on the following conditions:-

i) The petitioners shall execute 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 not try to contact or influence the witnesses or tamper with the evidence;

iii) They shall not leave the country without permission of the jurisdictional Court;

iv) They shall not involve in any crime during the period on bail;

v) They shall appear before the Investigating Officer/ 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 will be at liberty to cancel the bail in accordance with law.

The bail applications are allowed as above.