Nandu Prakash vs State Of Kerala

Application for regular bail under Section 439 of Cr.P.C.

The applicant is the 1st accused in Crime No.1094/2020 of Haripad Police Station for having allegedly committed offences punishable under Sections 341, 323, 324 and 506(ii) r/w Section 34 of IPC and also under Section 27 of the Arms Act.

The prosecution case, in brief, is that on 07.09.2020 at about 11.30 a.m. in furtherance of common intention and enmity towards the de facto complainant, the applicant and the other co-accused wrongfully restrained the de facto complainant at Anandapuram School ground and thereafter they assaulted him with hands and also with dangerous weapon like a sword and inflicted injuries on his neck, elbow and thigh.

The applicant states that he is innocent and the allegations are not true. He was arrested on 24.11.2020 and has been in custody since then and therefore he may be released on bail. It is also stated that other co-accused has been granted anticipatory bail by the Sessions Court. But because the applicant was wielding the sword and had inflicted injury on the de facto complainant with that sword, his application for anticipatory bail was rejected.

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

The learned Public Prosecutor submits that the applicant is a person having criminal antecedents. He was involved in another crime in the year 2016 for having allegedly committed offence punishable under Section 308 of IPC and another offence for the PDPP Act in the year 2019. It is also stated that steps are being taken to include him in the gunda list for being a notorious criminal. Hence, the bail application is opposed by the learned Public Prosecutor.

After having heard the submissions and going through the records, I find that the applicant had allegedly caused a lacerated injury on the neck of the de facto complainant and the other injuries on the thigh and elbow are also abrasions and lacerated wound which were caused by the other accused. The applicant was arrested on 24.11.2020 and the recovery of the weapon is complete. Hence, further incarceration of the applicant may not be required. Considering his antecedents, stringent conditions can be imposed.

In the result, the 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, each for the like amount to the satisfaction of the jurisdictional court and on following conditions:-

(i) He shall appear before the investigating officer on all Mondays between 9 a.m. and 12 noon for a period of two months or till the filing of final report whichever is earlier.

(ii) He shall not get involved in similar cases during the currency of the bail.

(iii) He shall not tamper with evidence, intimidate or influence the witnesses.

In case of violation of the bail conditions, the prosecution is at liberty to move for cancellation of the bail before the jurisdictional court.