Sarafali vs State Of Kerala

Viju Abraham, J

This is an application for regular bail.

Petitioner is the 2nd accused in Crime No.680 of 2022 of Ottapalam Police Station, Palakkad District registered alleging commission of offences punishable under Sections 341, 323, 324, 307 and 506 read with Section 34 of the Indian Penal Code.

The allegation is that on 09/10/2022 at 7.00 p.m. the accused persons conspired to commit murder of the defacto complainant. On 09/10/2022 at 8.00 p.m. the accused persons wrongfully restrained the defacto complainant, 2nd accused forcefully taken the key of the motor cycle of the defacto complainant, 6th accused had given a wooden stick to the accused and hit on the head, hand and face of the defacto complainant with the intention to murder him. When the friends of the defacto complainant tried to intervene, accused Nos.1, 2 and 4 slapped and kicked them. Thereafter accused 1 to 4 escaped from the spot with the help of accused Nos. 5 and 6. Thus the petitioner has committed the abovesaid offences.

Petitioner submits that he has surrendered before the jurisdictional Magistrate on 14.11.2022 and is in custody since then. Petitioner further submits that police custody was also granted as part of the investigation and his further detention is not required for the purpose of investigation.

Learned Public Prosecutor upon instructions submitted that accused Nos.1 to 4 along with accused Nos.5 and 6 entered into a criminal conspiracy and attacked the defacto complainant and he sustained serious injuries in the alleged incident. Learned Public Prosecutor submitted that it is the petitioner who removed the key of the bike of the defacto complainant and thereafter the 1st accused assaulted the defacto complainant with a wooden stick and he sustained serious injuries. Learned Public Prosecutor upon instructions further submitted that the petitioner is involved in Crime No.1279 of 2020 of Kasaba Police Station, Kozhikode, which is now pending trial as S.C.No.871 of 2021.

Considering the facts and circumstances of the case and the fact that petitioner is in custody from 14.11.2022 onwards, I am inclined to grant bail to the petitioner. But taking note of the seriousness of the allegations, the same shall only be on stringent conditions. In the result, the bail application is allowed. It is directed that the petitioner shall be released on bail subject to the following conditions:

(i) The petitioner shall execute a bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the likesum to the satisfaction of the jurisdictional court.

(ii) He shall appear before the investigating officer in Crime No.680 of 2022 of Ottapalam Police Station, Palakkad District, on every Saturday at 11.00 a.m., for a period of six months.

(iii) He shall not attempt to interfere with the investigation or to influence or intimidate the defacto complainant or any witness in Crime No.680 of 2022 of Ottapalam Police Station, Palakkad District.

(iv) He shall not leave the State of Kerala without obtaining the prior permission of the jurisdictional court.

(v) He shall not involve in any other crime while on bail.

If  any of  the aforesaid conditions are violated, the investigating officer in Crime No.680 of 2022 of Ottapalam Police Station, Palakkad District, may file an application before the jurisdictional court, for cancellation of bail.