Sajumon @ Shiyas vs State Of Kerala

Gopinath P., J

This is an application for regular bail.

Petitioner is the 8th accused in Crime No.2388/2021 of Kottarakkara police station, alleging commission of offences under Sections 143, 147, 148, 294(b), 341, 323, 324, 307 and 302 r/w. Section 149 of the Indian Penal Code, which is now pending as C.P. No.17/2022 of Judicial First Class Magistrate Court, Kottarakkara.

Allegation against the petitioner is that he along with the other accused in the case attacked the de facto complainant and others, following which one person died and the de facto complainant and another friend of the de facto complainant suffered serious injuries.

Learned Senior Counsel appearing for the petitioner would submit that the petitioner is absolutely innocent in the matter. It is submitted that no specific overt act is alleged against the petitioner . It is pointed out that accused Nos.1, 2, 4, 5, 6, 7, 9 and 11 have been granted bail . It is submitted that accused Nos.6, 7 and 11 were granted bail by this Court while the others were granted bail by the Sessions Court. It is submitted that there are no criminal antecedents against the petitioner and that the incident occurred owing to a dispute between two sets of ambulance drivers. It is submitted that the de facto complainant and others had attacked the 1st accused in this case as a result of which Crime No.1221/2021 of of Kunnikode police station was registered against the de facto complainant and the others including the deceased. It is submitted that since a final report has already been filed in the matter, continued incarceration of the petitioner is not necessary in the facts and circumstances of the case.

Learned Public Prosecutor opposes the grant of bail. It is submitted that following the registration of Crime No.1221/2021 of Kunnikode police station, while the 1st accused in this case was recuperating in the hospital, he entered into a criminal conspiracy with the other accused in the case including the petitioner herein to attack the de facto complainant and others, which led to the incident relating to the registration of Crime No.2388/2021 of Kottarakkara police station. It is submitted that there are clear overt acts mentioned against the petitioner/8th accused. It is submitted that there is a clear allegation that the de facto complainant was attacked with an iron rod by the petitioner . It is submitted that there is also an allegation that the petitioner had restrained the de facto complainant and others enabling some among the other accused to brutally attack them . It is submitted that the petitioner is not entitled to be released on bail. It is submitted that the submission of the learned Senior Counsel that there are no criminal antecedents against the petitioner is not correct and that the petitioner is accused in two other cases which include offences under sections 308 and 323 of the Indian Penal Code.

Having regard to the facts and circumstances of the case and considering the fact that the petitioner has been in custody from 01.12.2021 and taking into account the fact that a final report has already been filed in the matter and also taking into account the fact that accused Nos.1, 2, 4, 5, 6, 7, 9 and 11 have already been released on bail, I am of the opinion that the petitioner can be released on bail subject to strict conditions. Accordingly, this application for bail is allowed and it is directed that the petitioner shall be released on bail subject to the following conditions:-

(i) The petitioner shall execute 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.2388/2021 of Kottarakkara Police station as and when called upon to do so;

(iii) The petitioner shall not attempt to influence or intimidate the de facto complainant or any witness in Crime No.2388/2021 of Kottarakkara police station;

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

If any of the aforesaid conditions are violated, the investigating officer in Crime No.2388/2021 of Kottarakkara police station may file an application before the jurisdictional court, for cancellation of bail.