Nanas. S vs State Of Kerala

The applicant is the second accused in Crime No.604/2020 of Naruvamoodu Police Station, Thiruvananthapuram, for having allegedly committed

offences punishable under Sections 307, 394 r/w Section 34 of the IPC.

The prosecution case, in brief, is that on 23.05.2020 at about 8 p.m, the de facto complainant gave lift to the 1st accused on his motorcycle. When

they reached an isolated place, the de facto complainant was made to stop the motorcycle and the 1st accused alighted from the motorcycle, robbed

his gold chain and stabbed him with a knife. The applicant and the 3rd accused who were present there and immediately joined the 1st accused in

assaulting the de facto complainant.

The applicant had allegedly attacked him with blunt side of a chopper while the 3rd accused inflicted cut injuries on the de facto complainant's hand

and thereby they attempted to commit murder.

The applicant states that he is innocent.

He had approached this Court for anticipatory bail by filing BA No.7233/2020 and the same was rejected directing him to surrender. Accordingly, he

surrendered on 27.11.2020 before the investigating officer and was remanded to judicial custody. His application for bail filed before the jurisdictional

Magistrate was dismissed for the reason that the investigation was in its infancy. The applicant states that he has no criminal antecedents and

therefore he may be granted bail.

Heard the learned counsel for the applicant and the learned Public Prosecutor.

It is admitted that the applicant has no criminal antecedents. He has been in custody since 27.11.2020. Further custodial interrogation of the

applicant may not be necessary. The injuries that the applicant had inflicted is with the blunt side of the chopper. The incised wounds were inflicted by

the 1st accused and the 3rd accused. They have been arrested and already released on bail. Under the circumstances, I find no reason why the

applicant should be incarcerated.

In the result, the bail application is allowed and the applicant is directed to be released on bail on execution of bond for Rs.50,000/- (Rupees Fifty

thousand only) with two solvent sureties for the like amount each to the satisfaction of the jurisdictional court and on the following conditions;

(1) He shall appear before the investigating officer as and when called for.

(2) He shall not attempt to influence or intimidate the witnesses.

(3) He shall not get involved in similar offences during the currency of the bail.

In the event of violating the bail conditions, the prosecution shall be at liberty to apply for cancellation of bail before the jurisdictional court.