Noushad vs State Of Kerala

A. Badharudeen, J

This is the second application for regular bail filed by accused No.7 in Crime No.678 of 2020 of Ottappalam Police Station.

Heard the learned counsel for the petitioner as well as the learned Public Prosecutor.

The prosecution allegation is that at about 22.00 hours on 31.05.2020, the accused formed into unlawful assembly armed with deadly weapons with knowledge that they are all members of the said assembly with intention to murder the defacto complainant and his brother Vinod, due to previous animosity. Thereafter, the seventh accused restrained the defacto complainant, who was coming on a motor cycle. Subsequently, accused Nos.1, 3 and 10 assaulted the defacto complainant with sword and accused Nos.2, 4 and 8 assaulted the defacto complainant by using iron pipes. Thereafter all the accused assaulted the defacto complainant. When the brother of the defacto complainant Vinod reached the place of occurrence, the second accused beat on his head with an iron pipe. When Vinod fell down, the first accused cut him with a sword. The third accused cut his hand with a sword. Accused Nos.5, 6 and 11, beat and kicked on his head, left hand and both legs. As a result of the same, on 22.06.2020, Vinod succumbed to death. On this premise, the prosecution alleges commission of offences punishable under Sections 143, 144, 147, 148, 341, 323, 324, 307 and 302 r/w 149 of the Indian Penal Code.

It is argued by the learned counsel for the petitioner that the petitioner is innocent and the allegation against the petitioner is that he had wrongfully restrained the defacto complainant and further he assaulted the defacto complainant. There is no allegation on the part of the prosecution against the seventh accused in the matter of murder of Vinod. It is submitted that the petitioner/seventh accused has been in custody since 25.10.2022. It is also submitted that accused Nos.5, 10 and 11 were released on bail by this Court. Therefore, the petitioner who has been in custody from 25.10.2022 may be released on bail and he will co-operate with the trial without absconsion.

Opposing bail, learned Public Prosecutor, would submit that there is a specific role alleged in so far as the petitioner is concerned. Therefore, the petitioner cannot be released on bail even though he conceded that this Court granted bail to A5, A10 and A11.

In fact, the earlier bail application filed by the petitioner was dismissed, highlighting his absconsion for a pretty long time. Now the case against the petitioner including the other accused was committed and the matter has been pending as S.C. 231 of 2023 before the Additional Sessions Court, Ottappalam.

Since A5, A10 and A11 were released on bail and this petitioner who has been in custody from 25.10.2022 can also be released on bail on conditions and with specific direction to co-operate with the trial and he shall not leave jurisdiction of the court before completion of trial. Accordingly, this petition stands allowed. The petitioner is enlarged on bail on conditions :

i. The petitioner shall be released on bail on his executing 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 concerned.

ii. The petitioner shall not intimidate the witnesses or tamper with evidence. He shall co-operate with the trial and shall be available for trial. He shall not leave jurisdiction of the court before completion of trial.

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

iv. The petitioner shall surrender his passport, if any, within 7 days from the date of release, before the jurisdictional court. If he has no passport, he shall file an affidavit in this regard on the date of execution of the bond or within 3 days thereafter.

v. The petitioner shall not involve in any other offence during the currency of bail and any such event, if reported or came to the notice of this court, the same shall be a reason to cancel the bail hereby granted.

Since it is noticed that earlier trial against some of the accused ended in conviction and the trial of the petitioner and other accused, who were absconding, could not be completed, there shall be a direction to the Additional Sessions Court, Ottappalam, to try and dispose of S.C.No.231 of 2023 at the earliest, at any rate, within a period of six months from the date of receipt or production of a copy of this order.

Registry is directed to forward a copy of this order to the courts below concerned for information and compliance.