Rajesh. K. vs State Of Kerala

Viju Abraham, J

This is an application for regular bail.

Petitioners are accused Nos.1 and 2 in Crime No.606 of 2022 of Neeleswaram Police Station, Kasaragod registered alleging commission of offences punishable under Sections 341, 324 and 308 read with Section 34 of the Indian Penal Code.

The prosecution case is that on 08.09.2022 at around 1.30 a.m. while the defacto complainant and his friend were riding on their motorcycle, the petitioners came in a car and obstructed them near a petrol station at Nileswaram and with a common intention to cause injury, attacked them using a sword, caused severe cut wound on the defacto complainant's forehead. Further it is alleged that the petitioners struck him again with the sword on his head and he got wounded grievously on his right hand when he blocked it and thus the accused persons are alleged to have committed the aforesaid offences.

Petitioners submit that though they approached this Court by filing B.A.No.7373 of 2022, the same was dismissed and thereafter the petitioners surrendered on 17.11.2022 and 15.11.2022 respectively and they are in custody since then. Petitioners further submit that they have been falsely implicated in the abovesaid crime.

Learned Public Prosecutor opposed the application for bail mainly contending that serious overt acts are alleged against the petitioners and that the 1st petitioner is involved in three other cases whereas the 2nd petitioner is involved in two other cases.

Considering the facts and circumstances of the case and taking into consideration the detention of the petitioners from 17.11.2022 and 15.11.2022 respectively onwards, I am inclined to grant bail to the petitioners, but the same shall only be on stringent conditions in view of the serious criminal antecedents.

(i) The petitioners shall execute 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 jurisdictional court.

(ii) They shall appear before the investigating officer in Crime No.606 of 2022 of Neeleswaram Police Station, Kasaragod on all Saturdays at 11.00 a.m. for a period of six months.

(iii) They shall not enter the jurisdictional limit of Neeleswaram Police Station for a period of two months except for complying with condition No.(ii) or to attend any court proceedings.

(iv) They shall not attempt to interfere with the investigation or to influence any witness in the abovesaid crime.

(v) They shall not involve in any other crime while on bail.

If  any  of  the  aforesaid  conditions  are  violated,  the investigating officer in Crime No.606 of 2022 of Neeleswaram Police Station, Kasaragod may file an application before the jurisdictional court, for cancellation of bail.