Roopesh vs State Of Kerala

Dr. Kauser Edappagath, J

Both these applications are filed u/s 439 of the Code of Criminal Procedure seeking regular bail.

Bail Application No.1807 of 2023 is filed by the 1st accused and the Bail Application No.2087 of 2023 is filed by the accused Nos.2 to 5 in Crime No.10/2023 of Meppadi Police Station. The offences alleged are punishable under Sections 302, 324, 109 r/w 34 of IPC.

The prosecution case, in short, is that on 01.01.2023 at 01.30 hours, there occurred an altercation between the first accused and the friends of the deceased Murshid for the reason that the friends of the deceased smoked cigarette at Karppoorakkad road junction and during the altercation, the first accused took possession of the key of the scooter of one Sidharth and the same was questioned by the deceased Murshid, the injured Nishad and their friends and because of that enmity and abetment of the accused Nos. 2 to 5, the first accused stabbed the deceased Murshid and his friend Nishad and subsequently the injured Murshid succumbed to his injuries while on the way to Medical College Hospital, Kozhikode. It is also alleged that the accused persons committed the act in furtherance of their common intention and that Nishad sustained grievous injuries on his stomach and the accused persons are thereby alleged to have committed the offences as aforesaid.

Heard both sides.

The learned counsel for the applicants submitted that the applicants are innocent and have been falsely implicated in the present case. The counsel further submitted that no materials are on record to connect the applicants with the alleged crime; hence, they are entitled to get bail. On the other hand, the learned Public Prosecutor submitted that the alleged incident occurred as a part of the intentional criminal acts of the applicants, and they are not entitled to bail at this stage.

The 1st accused was remanded to judicial custody on 01.01.2023 and the accused Nos.2 to 5 were remanded to judicial custody on 01.02.2023. A perusal of the case diary would reveal that the accusation against the 1st accused is very serious, and it prima facie shows a premeditated criminal act on his part. I went through the statement of the injured (CW1) as well as the statements of all the eye witnesses. It appears that there was altercation between a group of persons consisting of the injured, the deceased and the accused. During the altercation, the 1st accused took a knife and stabbed the deceased as well as CW1. The deceased who sustained severe injury, later on succumbed to the injury on the way to the hospital. While the 1st accused was in police custody, his confession statement was recorded and consequent to his confession statement, the knife used by him for the commission of the offence was recovered. The statement given by the investigating officer would show that the 1st accused is a habitual offender and he is involved in 6 other crimes. It is stated that security proceedings are pending before the Sub Divisional Magistrate Court against the 1st accused for indulging in persistent violations of law and public tranquility in the area. He is also included in the rowdy list of Meppadi Police Station. The station has a rowdy history sheet in his name. The investigation is not over. Considering the nature of the crime, how the 1st accused is alleged to have complicity in it, his criminal antecedents and the facts and circumstances mentioned above, I am of the view that the 1st accused/the applicant in B.A.No.1807 of 2023 cannot be released on bail at this stage.

So far as the accused Nos.2 to 5 are concerned, no specific overt act has been alleged against them. Admittedly, they did not use any weapon. They did not attack the injured (CW1) or the deceased. It is true that they were present at the spot. It must be noted that when the 1st accused stabbed CW1 and the deceased during the altercation, the remaining accused were simply standing and watching the assault made by the 1st accused. Considering these facts, I do not find any reason to hold that the continued detention of the accused Nos.2 to 5/applicants in B.A.No.2087 of 2023 is required for any purpose. Hence, they are entitled to be released on bail.

In the result, the Bail Application No.2087 of 2023 is allowed on the following conditions: -

(i) The applicants shall be released on bail on executing a bond for Rs.1,00,000/- (Rupees One lakh only) each with two solvent sureties for the like sum each to the satisfaction of the jurisdictional Magistrate/Court.

(ii) The applicants shall fully co-operate with the investigation.

(iii) The applicants shall appear before the investigating officer between 10.00 a.m and 11.00 a.m every Saturday until further orders. They shall also appear before the investigating officer as and when required.

(iv) The applicants shall not enter into the jurisdiction of Meppadi Police Station till the culmination of trial except for the purpose of compliance of the condition No.(iii).

(v) The applicants shall not commit any offence of a like nature while on bail.

(vi) The applicants shall not attempt to contact any of the prosecution witnesses, directly or through any other person, or in any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation.

(vii) The applicants shall not leave the State of Kerala without the permission of the trial Court.

(viii) The application, if any, for deletion/modification of the bail conditions or cancellation of bail on the grounds of violating the bail conditions shall be filed at the jurisdictional court.

Bail Application No.1807 of 2023 is dismissed.