Nahas Unni vs State Of Kerala

Shircy V, J

The petitioner who is arraigned as the 10th accused in Crime No. 162/2021 of Pathanapuram Police Station, registered for the offences punishable under Sections 143, 147, 148, 294(b), 323, 324, 308 r/w 149 IPC has moved this application for regular bail.

The petitioner has been in custody since 27.10.2021.

The facts of the case registered against this petitioner and other accused are as follows:-

On 7.2.2021 at 13.30 hours the accused including this petitioner had formed themselves into an unlawful assembly, armed with deadly weapons abused the defacto complainant and manhandled him. They have beaten him on his head with a stick and the blow was somehow or other evaded by him. Otherwise it wold have caused his death. Thus, the accused along with others have committed the aforesaid offences.

The learned counsel for the petitioner would submit that he is totally innocent of the allegations levelled against him. On the relevant day some workers of SDPI have requested for his vehicle to conduct a rally in connection with some political issue. He has just given the vehicle on rent to be used as an announcement vehicle. But he never committed any offence as alleged against him by the prosecution. On the way a minor issue arose with a rider of a scooter and thus he has been implicated in the case. He has not participated in the procession and he was also not a member of the SDPI. In fact he is innocent but he is undergoing incarceration for the last 20 days.

The learned Public Prosecutor has no case that this petitioner is having any criminal antecedents. The prosecution has also no case that the injured had sustained very serious injuries in the attack by the accused and no specific overt act has been alleged against the petitioner in causing injuries to the defacto complainant. Taking into consideration of all those facts I am inclined to release him on bail subject to the following conditions:-

(i) The petitioner shall be released on bail on his executing a bond for a sum of Rs.50,000/- (Rupees Fifty thousand only) with two solvent sureties for the like sum each to the satisfaction of the court having jurisdiction.

(ii) The petitioner shall appear before the Investigating Officer for interrogation as and when required by him, in writing.

(iii) The petitioner shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence.

(iv) The petitioner shall not commit any offence while on bail.

In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with the law.