Priya Das And Ors vs State Of Kerala And Ors

The applicants in B.A.No.2504 of 2021 are accused Nos.2 and 1 respectively, the applicant in B.A.No.2517 of 2021 is the 3rd accused, while the applicants in B.A.No.2697 of 2021 are accused Nos. 4, 6 and 5 respectively, in Crime No.211 of 2021 of Palakkad Town South Police Station, Palakkad, for having allegedly committed offences punishable under Sections 143, 147, 148, 341, 323, 324 and 307 read with Section 149 of the IPC. The prosecution case, in brief, is this:

While the 'Manappullikkavu Vela' was in progress, the applicants, allegedly formed an unlawful assembly and in prosecution of the common object of the said unlawful assembly, to commit murder, they wrongfully restrained the defacto complainant and his friends and thereafter stabbed them by means of dangerous weapons like knives, and caused serious injuries to them, in consequence of which, they had to be hospitalized and subjected to surgeries. The applicants state that the allegations are not true and that it was only a scuffle, in consequence of which, some injuries were caused to the defacto complainant and his friends and the injuries were not deliberate and that no grievous hurt has been caused to any of them. And, moreover, the applicants state they do not have any criminal antecedents also. And, hence, seek bail as accused Nos. 1 and 2 have been in custody since 06.03.2021 and the rest of the accused have been in custody since 09.03.2021.

Heard the learned counsels appearing for the applicants and the learned Public Prosecutor. The learned counsel appearing for applicants 3 to 6 would submit that they did not wield any weapon. A3 states that he is the Secretary of Yakkara Desom and had only intervened to stop the two gangs fighting each other. He did not have any active involvement in the crime. The weapons were admittedly wielded by accused Nos. 1 and 2. They are the ones, who caused four stab injuries to one of the injured, who had sustained the stab injuries on the back scapular region, right arm etc.,. The defacto complainant sustained a stab injury on his left chest, measuring (4* 3)cms. All those injuries could have proved fatal and the applicants have knowledge about it. And, therefore, the learned Public Prosecutor has vehemently opposed the application for bail. The learned Public Prosecutor has also pointed out to the fact that the 6th accused was involved in another crime for having committed offences punishable under Section 332 IPC and others in the year 2010. None of the other applicants have any criminal antecedents.

After having heard the submissions on both sides, I find that accused Nos. 1 and 2 are the main perpetrators of the crime, for having caused stab injuries to two persons. The stab injuries were serious and both of them were subjected to surgeries, which indicates the gravity of the offence. None of the other accused were wielding any weapons. And, therefore, I find that it is still too early to release accused Nos.1 and 2 on bail. The rest of the accused can be released on bail, considering their limited role that they had in the alleged act of offence.

In the result, B.A.No.2504 of 2021 is dismissed, while B.A.No.2517 of 2021 and 2697 of 2021 are both allowed and the applicants in those applications are directed to be released on bail on the execution of bonds 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 further conditions:

(i) They shall appear before the Investigating Officer as and when called for.

(ii) They shall not intimidate or influence witnesses and tamper with evidence.

(iii) They shall not get involved in similar offences during the currency of the bail period.

In case of breach of any of the bail conditions, the prosecution shall be at liberty to apply for cancellation of the bail before the jurisdictional court.

The bail application B.A.No.2504 of 2021 shall be dismissed and shall be considered only at a later stage, when the investigation has progresses well.