Santhosh And Ors vs State Of Kerala

Application for regular bail under Section 439 of Cr.P.C. Applicants are accused Nos.1 and 2 in Crime No.123/2021 of Ayiroor Police Station, Thiruvananthapuram for having allegedly committed offences punishable under Sections 324, 326 and 302 r/w Section 34 of IPC.

The prosecution case, in brief, is that on 28.01.2021 at about 5 p.m., the 1st accused had allegedly assaulted a person named Vishak. By about 11.30 p.m., the aforesaid Vishak who was assaulted by A1 and his relative, the deceased and another person named Raju trespassed into the house of the 1st accused after having made preparation to assault him and allegedly assaulted him and outraged the modest of his wife. Hearing hue and cry, 2nd applicant who is the 2nd accused herein and the neighbour of the 1st accused also came there and together in furtherance of common intention, the applicants attacked the three of them. In the process, the deceased was beaten up with an iron rod and stabbed with knife. He scummed to the injuries and thus committed the offence of murder.

The applicants state that the allegations are not true and that they are innocent and it was the deceased and his friends who had trespassed into the 1st accused's house and attempted to outraged the modesty of his wife and therefore there was a scuffle in which the deceased also sustained certain injuries. It was not a deliberate or premeditate act of murder.

Heard the learned counsel for the applicants and the learned Public Prosecutor.

The applicants have been in custody since 29.01.2021. The recovery is complete. The applicants admittedly do not have any criminal antecedents. There is a counter case as Crime No.124/2021 for offences punishable under Sections 452, 294(b), 341, 323, 324, 354 and 308 r/w Section 34 of IPC against the deceased and two others.

Considering the fact that the incident took place inside the courtyard of the 1st accused' house and it is indicative of the fact that the deceased and his friends were the aggressors, I find no reason for further incarceration of the applicants. The recovery is completed. The applicants have no criminal antecedents. There is no likelyhood of their fleeing from justice. Hence, the application is allowed and the applicants are therefore directed to be released on bail on execution of bond for Rs.50,000/-(Rupees fifty thousand only) each with two solvent sureties, each for the like amount to the satisfaction of the jurisdictional court and on following conditions:-

(i) They shall appear before the investigating officer on all Saturdays between 9 a.m. and 12 noon for a period of two months or till the filing of final report whichever is earlier.

(ii) They shall not get involved in similar cases during the currency of the bail.

(iii) They shall not tamper with evidence, intimidate or influence the witnesses.

In case of violation of the bail conditions, the prosecution is at liberty to move for cancellation of the bail before the jurisdictional court.