Pradeep vs State Of Kerala

Mohammed Nias C.P., J

The petitioners have filed this application under Section 439 of the Code of Criminal Procedure, 1973, for regular bail.

Petitioners are accused Nos.5, 7 and 8 in Crime No.282/2024 of Kottayi police station, Palakkad district, for offences punishable under Sections 143, 147, 148, 324, 326 and 307 of the Indian Penal Code.

The prosecution case is that, on 15.04.2024 at 21.00 hours, accused Nos. 1 to 9 formed an unlawful assembly and upon previous enmity attacked the defacto complainant and his friends with deadly weapons and called and attempted to kill these persons wherein the defacto complainant and his friends suffered serious injuries, and thus committed the aforementioned offences. The petitioner was arrested on 18.04.2024 and has been in judicial custody since then.

The learned counsel for the petitioners submits that the petitioners are innocent of the allegations levelled against them and falsely implicated in the crime.

The learned Public Prosecutor opposing the petition submits that the investigation is not completed

I have heard both sides.

Taking into account the fact that the major overt act is alleged against A1, who has already been enlarged on bail by the Sessions court by order dated 20.5.2024, that the police custody of the petitioners was given, that the petitioners have been detained since 18.04.2024, and that the prosecution has raised no apprehension of absconding if released on bail, I am inclined to grant bail to the petitioners.

Accordingly, this bail application is allowed, and the petitioners shall be released on bail subject to the following conditions:-

i. The petitioners shall be released on bail on executing 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 court having jurisdiction;

ii.The petitioners shall fully cooperate with the trial and shall attend the court on all posting dates except when his absence is permitted by the court concerned;

iii.The petitioners shall not intimidate or attempt to influence the witnesses, nor shall they tamper with the evidence or do anything that might adversely affect the trial;

iv.The petitioners shall not commit any offence while on bail;

v.The petitioners shall not leave the country without the permission of the Court having jurisdiction;

vi.In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation of bail and pass appropriate orders in accordance with law.