Muhammed Rafy P. Y vs State Of Kerala

Viju Abraham, J.

This is an application for regular bail.

Petitioners are accused Nos.2 to 4 in Crime No.726 of 2022 of Kunnathunadu Police Station, Ernakulam registered alleging commission of offences punishable under Sections 341, 323, 294(b), 506 and 308 and read with Section 34 of the Indian Penal Code.

The gist of the prosecution case is that, on 29.10.2022 at about 7.30 p.m. at the area near Double bridge in Kunnathunadu Village, the petitioners along with the other accused persons in furtherance of their common intention assaulted the defacto complainant and his friend Aslam due to the reason that the friend of the defacto complainant had sent messages to the girl friend of the 1st accused. The 1st accused and the petitioners, who came on motor bikes and scooter, threatened the defacto complainant and his friend that they would kill them and thereafter, when the defacto complainant tried to stop the 1st accused from slapping on his friend's face, the petitioners who are accused Nos.2 to 4, hit on his face, shoulder and back. Afterwards, the 1st accused took out a deadly weapon, viz., a sword, from his vehicle and tried to swing the sword towards the neck of the defacto complainant who moved away to escape from being getting stabbed, fell down on the ground and was again attacked by the 1st accused with the said sword and thus the accused have committed the abovesaid offences.

Petitioners submit that they were arrested on 30.10.2022 and is in custody since then and that they have been falsely implicated in the abovesaid crime. Petitioners further submitted that the defacto complainant has entered appearance through counsel and has produced Ext.R3(3) affidavit sworn to by him showing that he has no objection in enlarging the petitioners on bail since the matter has been mutually settled between the parties.

Considering the facts and circumstances of the case and the fact that the petitioners are in custody from 30.10.2022 and also taking note of the settlement of disputes between the petitioners and the defacto complainant, I am inclined to grant bail to the petitioners. In the result, the bail application is allowed. It is directed that the petitioners shall be released on bail subject to 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.726 of 2022 of Kunnathunadu Police Station, Ernakulam on all Saturdays at 11.00 a.m. on all Saturdays at 11.00 a.m. till filing of the charge sheet.

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

(iv) 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.726 of 2022 of Kunnathunadu Police Station, Ernakulam may file an application before the jurisdictional court, for cancellation of bail.