Ranjith.P.R vs State Of Kerala

Gopinath P., J

The petitioners are the accused in Crime No.1319/2021 of Kuruppampady Police Station, Ernakulam District alleging commission of offences under

Sections 308, 341, 326, 323, 324, 294 (b) read with Section 34 of the Indian Penal Code.

The allegation against the petitioners is that they along with other accused attacked two persons by name Reji and Ravi when the aforesaid persons

objected to the petitioners consuming liquor with the other accused inside a painting and polishing workshop of the 1st accused. It is alleged that

serious injuries were caused to the aforesaid persons owing to the attack by the petitioners.

The learned counsel for the petitioners would submit that the petitioners have been in custody from 06-12-2021 and have completed 40 days in

custody as on date. It is submitted that the petitioners are absolutely innocent in the matter and the thrust of the allegations are against the other

accused. It is submitted that the petitioners are only 24 and 18 years of age respectively and that even according to the First Information Statement

the petitioners have not attacked the aforesaid persons who sustained injuries in a manner that would cause death or any grievous hurt to them. It is

submitted that for the purpose of investigation the continued detention of the petitioners is not necessary as recovery has already been effected.

I have heard the learned Public Prosecutor also. The learned Public Prosecutor has taken me through the contents of the First Information

Statement and has pointed out that the circumstances alleged against the petitioners. It is submitted that even if the contention of the learned counsel

for the petitioners that there are no overt acts which would attract offence under Section 326 of the Indian Penal Code is accepted, the petitioners had

attacked the injured persons in furtherance of a common intention and therefore they are equally liable as the other accused in the manner. It is

submitted that grant of bail may affect the progress of investigation.

Having regard to the facts and circumstances of the case and considering the fact that the petitioners have been in custody from 06-12-2021 and

since their continued detention is not necessary for the purpose of investigation into the matter and also taking note of the fact that there are no

criminal antecedents reported against the petitioners, I am inclined to grant bail to the petitioners 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 bonds for sums of 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) The Petitioners shall report before the Investigating officer in Crime No.1319/2021 of Kuruppampady Police Station on every Saturday at 11 a.m until further

orders;

(iii) The petitioners shall not attempt to interfere with the investigation, influence or intimidate the de facto complainant or any witness in Crime No.1319/2021 of

Kuruppampady 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.1319/2021 of Kuruppampady Police Station may file an application

before the jurisdictional Court for cancellation of bail.