Riyas.N vs State Of Kerala

Bechu Kurian Thomas, J

This is an application seeking regular bail filed under Section 439 of the Code of Criminal Procedure, 1973.

Petitioners are accused Nos.1 to 3 in Crime No.158/2023 of Kunnikode Police Station, Kollam District. The offences alleged against the petitioners are under Sections 143, 147, 148, 452, 294(b), 324, 307 and 427 r/w Section 149 of the Indian Penal Code, 1860.

According to the prosecution, on 30.01.2023, the accused formed themselves into an unlawful assembly, armed with deadly weapons with an intention to commit culpable homicide not amounting to murder and assaulted the defacto complainant. The 1st accused beat on the head of the defacto complainant using a sword and when the same was warded off, an injury on the left hand of the defacto complainant was inflicted, and the 2nd accused hit on the chest and stomach of the defacto complainant while the other accused also brutally assaulted him, and thereby committed the offences alleged.

I have heard Sri.Mithun Pavanan, learned Counsel for the petitioners as well as Smt.Neema T.V., learned Public Prosecutor.

The first petitioner was arrested on 09.05.2023 and petitioners 2 and 3 were arrested on 12.05.2023 and have been in custody since then. The injury inflicted by the 1st accused though aimed at the head, hit the defacto complainant on his hand and inflicted serious injuries on him. Even though the injuries noticed and the allegations are serious in nature, considering the period of detention already undergone, and the young age of the petitioner, I am of the view that further detention is not essential.

In the result, this application is allowed on the following conditions:-

(a) Petitioners shall be released on bail on them executing 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 court having jurisdiction.

(b) Petitioners shall appear before the Investigating Officer as and when required.

(c) Petitioners shall not intimidate or attempt to influence the witnesses; nor shall they tamper with the evidence.

(d) Petitioners shall not commit any similar offences while they are on bail.

(e) Petitioners shall not leave India without the permission of the Court having jurisdiction.

In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law, notwithstanding the bail having been granted by this Court.