Rahul @ Ambadi vs State Of Kerala

Gopinath P., J

These are applications for regular bail.

The petitioners in B.A.No.117/2022 are accused Nos.1 and 2 in Crime No.1202/2021 of North Paravur Police Station and the petitioner in

B.A.No.141/2022 is the 3rd accused in the very same crime, alleging commission of offences under Sections 141, 142, 143, 144, 146, 147, 148, 308,

324 and 326 r/w. Section 149 of the Indian Penal Code.

The allegation against the petitioners is that they along with other accused in the case formed themselves into an unlawful assembly and assaulted

the Barman of the 'White City Bar'. It is alleged that the Barman was attacked using a sword, an iron square pipe and also with another iron pipe and

since the de facto complainant had dodged the attack with the sword, the sword hit him on his left forearm and caused a serious injury to him. The

wound is described as a deep lacerated wound.

The learned counsel for the petitioners in these cases would submit that the petitioners are absolutely innocent in the matter. It is submitted that

there was some wordy altercation on account of the dispute in a Bar and that the petitioners had not attacked the Barman with any weapon as

alleged. It is submitted that the 4th and 5th accused in the case have already been released on bail. It is submitted that the petitioners have been in

custody from 15.11.2021 and have completed more than 73 days in custody. It is submitted that a final report has been filed in the matter and

continued detention of the petitioners is not necessary for the purpose of any investigation.

The learned Public Prosecutor with reference to the wound certificate in respect of the de facto complainant and the First Information Statement of

the de facto complainant would point out that the de facto complainant had suffered serious injuries owing to the attack by the petitioners and the

other accused. It is submitted that the petitioners have criminal antecedents. It is submitted that accused Nos.1 and 2 are involved in NDPS cases and

accused No.3 is involved in a case alleging commission of offence under Section 326 of the Indian Penal Code.

Having regard to the facts and circumstances of the case and considering the fact that the petitioners have been in custody for 73 days and also

considering the fact that their continued detention may not be necessary for the purpose of investigation as a final report has already been filed in the

matter and taking a lenient view on account of the age of the petitioners, I am of the opinion that the petitioners can be granted bail, subject to

conditions.

In the result, this bail application is allowed. It is directed that the petitioners shall be released on bail, subject to the following conditions:-

(i) The petitioners shall execute separate bonds for sums of Rs.50,000/-(Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction

of the jurisdictional Court;

(ii) The Petitioners shall report before the Investigating officer in Crime No.1202/2021 of North Paravur Police Station on every Saturday at 11 a.m until further orders;

(iii) The petitioners shall not attempt to influence or intimidate the de facto complainant or any witness in Crime No.1202/2021 of North

Paravur Police Station;

(iv) The petitioners shall not involve in any other crime while on bail.

If any of the aforesaid conditions are violated, the Investigating officer in Crime No.1202/2021 of North Paravur Police Station may file an application

before the jurisdictional Court for cancellation of bail.