Rakesh vs State Of Kerala

K.Haripal, J

Petitioner is the 1st accused in Crime No.1461 of 2021 of Vizhinjam police station which was registered alleging offence punishable under Sections

143, 147,, 294(b), 341, 323, 324, 506 and 308 read with Section 149 of the IPC.

It is alleged that, the accused persons, ten in number, formed an unlawful assembly and in prosecution of their common object, at 9.45 pm on

06.07.2021 attacked and injured the defacto complainant and caused him grievous hurt. Petitioner was arrested on 07.07.2021 and since then is in

judicial custody.

I heard the learned counsel on both sides.

The learned counsel for the petitioner submits that he is in judicial custody for the last 34 days, that the weapon of offence has already been

recovered and further detention is not necessary.

The learned Public Prosecutor has strongly opposed the application. According to the learned Public Prosecutor, only one among the ten accused

has been arrested. Even though the reaper, weapon of offence has been recovered, since the other accused are not arrested, he opposed the

application. According to him, petitioner has two other criminal cases to his credit including a murder case in Parassala police station.

It has come out that, during the course of investigation Section 326 of the IPC also has been incorporated after noticing fracture to the wrist of the

defacto complainant. Whatever it may be, the petitioner is in judicial custody for the last 34 days. The weapon allegedly used by the petitioner has

been recovered. His further detention is, therefore, a luxury. It has been pointed out that he is on bail in both the other cases registered against him.

On these considerations, for the mere reason that the other accused are not arrested is not a ground for detaining the petitioner further.

Therefore, the petitioner shall be released on bail on the following conditions:-

i) Petitioner shall execute bond for Rs.50,000/- (Rupees Fifty Thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional

court;

ii) He shall not try to contact or influence the witnesses or tamper with the evidence;

iii) He shall not leave the country without permission of the jurisdictional court;

iv) He shall not involve in any crime during the period on bail;

v) He shall appear before the Investigating Officer/ trial Court as and when required;

vi) Petitioner shall strictly abide the various guidelines issued by the State and Central Governments with respect to keeping of social distancing in the wake of Covid

19 pandemic;

vii) If any of the above conditions are violated by the petitioner, the jurisdictional court will be a liberty to cancel the bail, in accordance with law.

Bail Application is allowed as above.