Pramod Kumar P And Ors vs State Of Kerala

Application for regular bail under Section 439 of Cr.P.C. The applicants are accused Nos.1 and 2 in Crime No.74/2021 of Venmani Police Station,

Alappuzha for having allegedly committed offences punishable under Sections 294(b), 341, 323, 324, 308 r/w Section 34 of IPC.

The prosecution case, in brief, is that on 24.01.2021 at about 9.30 p.m. while the de facto complainant and his son were returning home after

attending a procession in connection with a Mosque, the applicants allegedly in furtherance of common intention wrongfully restrained them, hurled

abuses and thereafter assaulted them. The 1st accused slapped on the face of the de facto complainant's son. When the de facto complainant

attempted to obstruct, the 2nd accused restrained him and thereafter the 1st accused brandished a knife towards him and in the process, the de facto

complainant sustained a cut injury on his forefinger of the right hand, which could have proved fatal and applicants allegedly attempted to commit

culpable homicide. The prosecution case has subsequently been improved by the subsequent statement given by the injured persons. It is alleged that

A2 had assaulted de facto complainant's son with an iron rod causing a contusion on his chest. The applicants were arrested on 27.01.2021 and

recovery has already been effected. The 1st applicant has criminal antecedents for having committed offences punishable under Sections 323 and 324

of IPC. The 2nd applicant has no criminal antecedents.

Heard the learned counsel appearing for the applicants and the learned Public Prosecutor.

The learned counsel appearing for the applicants submits that the antecedents pointed against A1 are for bailable offences. It is also pointed out that

there is also a counter case registered against the de facto complainant's son as Crime No.75/2021 for having assaulted the 1st applicant's mother.

The applicants are not in good terms with the de facto complainant and his son, who are their neighbours and they also have political defences and

therefore a false case has been foisted against them. The injuries are not very serious and therefore they seek regular bail.

After having heard the submissions made on both sides, I find that the custody of the applicants may not be necessary any longer because the

weapons have already been recovered. The applicants have been in custody since 27.01.2021. Only the 1st applicant has criminal antecedent and too

for bailable offences. Hence the application is allowed and the applicants are directed to be released on bail on execution of bond for Rs.50,000/-

(Rupees fifty thousand only) each with two solvent sureties, each for the like amount to the satisfaction of the jurisdictional court and on following

conditions:-

(i) They shall appear before the investigating officer as ansd when called for.

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

(iii) They 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.