Saheer vs State Of Kerala

Ziyad Rahman A.A., J

The petitioners are the accused Nos.7 to 11 in Crime No.1062/2023 of Thoppumpady Police Station. The said crime was registered for the offences punishable under Sections 143, 148, 149, 341, 323, 324, 506(i) and 308 of the Indian Penal Code.

The prosecution case is that, on 8.6.2023 at 5.00 a.m., due to previous animosity towards the de facto complainant, the petitioners along with the other accused, formed themselves into an unlawful assembly, armed with deadly weapons, assaulted the de facto complainant, thereby caused injuries to him. The crime was registered in such circumstances and as part of the investigation, the petitioners were arrested on 8.6.2023. Since then, they are under judicial detention and this application for regular bail is submitted in such circumstances.

Heard Sri.M.A.Ahammad Saheer, learned counsel for the petitioners and Smt.Sreeja.V., learned Public Prosecutor for the State.

The learned counsel for the petitioners submits that the petitioners are innocent of all the allegations, and there is no specific overt act as alleged against the petitioners. The main allegations are against accused Nos.1 to 5. Now, the petitioners are in custody since 8.6.2023 and there is no purpose in keeping the petitioners under detention any longer.

On the other hand, the learned Public Prosecutor opposes the said application by pointing out that the matter is even now under investigation. However, it is submitted that the petitioners are not involved in any other criminal cases.

I have gone through the records. From the materials placed on record, it is evident that no specific overt acts are alleged against the petitioners. The petitioners do not have any criminal antecedents as well. No serious injuries were sustained to any person. In such circumstances, taking note of the period of incarceration undergone by the petitioners, I deem it appropriate to allow this application.

Accordingly, this application is allowed and the petitioners are directed to be released on bail, subject to the following conditions:

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

ii) The petitioners shall fully cooperate with the investigation.

iii) The petitioners shall appear before the Investigating Officer between 10.00 a.m and 11.00 a.m every Wednesday until the filing of the final report.

iv) The petitioners shall appear before the Investigating Officer as and when required.

v) The petitioners shall not commit any offence of similar nature while on bail.

vi) The petitioners shall not make any 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 petitioners shall not leave the State of Kerala without the permission of the jurisdictional court.

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