Ranjith Maveettil vs State Of Kerala

Viju Abraham, J

This is an application for regular bail.

The petitioner is arrayed as the first accused in Crime No.161/2022 of Kannur City Police Station, Kannur District, alleging commission of offences punishable under Sections 143, 147, 148, 341, 323, 324, 326, 427, 307 r/w 149 of the Indian Penal Code.

The prosecution allegation is that on 13.03.2022, at 9 pm, near to a Mosque at Barnasseri in Kannur Amsom, the accused formed themselves into an unlawful assembly with dangerous weapons and in prosecution of the common object of the said assembly, they wrongfully restrained the defacto complainant, who came in a scooter and beat him with an iron pipe and hacked him using swords causing grievous injuries and attempted to kill him and thereby committed the offences mentioned above. Petitioner was arrested on 18.04.2022

Learned counsel for the petitioner submitted that the petitioner is entitled for statutory bail and he is in custody from 18.04.2022.

Learned Public Prosecutor upon instructions submitted that the submission of the petitioner that he is entitled for statutory bail is to be accepted as no charge sheet was laid till now. The learned Public Prosecutor further submitted that the petitioner is involved in five other criminal cases of serious nature.

Having regard to the facts and circumstances of the case and the nature of the allegations, he is in custody from 18.04.2022 onwards and charge sheet is not laid, I am inclined to grant bail to the petitioner subject to stringent conditions. In the result, the bail application is allowed. It is directed that the petitioner shall be released on bail, subject to the following conditions:

(i) The petitioner shall execute a bond for a sum 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) Petitioner shall appear before the investigating officer in Crime No.161/2022 of Kannur City Police Station, Kannur District, on every Monday and Saturday at 11 am, until filing of final report;

(iii) The petitioner shall not attempt to interfere with the investigation or to influence or intimidate the defacto complainant or any witness in Crime No.161/2022 of Kannur City Police Station, Kannur District,

(iv) The petitioner shall not enter the local limits of Kannur City  Police  Station,  Kannur  District  in  Crime  No.161/2022, where the defacto complainant is residing except for the purpose of complying with any court proceedings or complying with any condition as above, for a period of six months.

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

If any of the aforesaid conditions are violated, the investigating officer in me No.161/2022 of Kannur City Police Station, Kannur District, may file an application before the jurisdictional court, for cancellation of bail.