Sarath vs State Of Kerala

Gopinath P, J

This is an application for regular bail.

The petitioners are the accused Nos.1 to 3 in Crime No.549/2021 of Kareelakulangara Police Station, Alappuzha District registered alleging commission of offences under Sections 143, 147, 148, 323, 324, 506 and 308 r/w Section 149 of the Indian Penal Code.

The allegation against the petitioners is that they along with others formed themselves into an unlawful assembly and assaulted the de-facto complainant in front of his house. The de-facto complainant was allegedly attacked with a sword by the first accused and all the accused also threatened and intimidated the mother of the de-facto complainant and thereby committed the offence under the aforesaid provisions of law.

The learned counsel for the petitioners submits that the petitioners have been in custody since 19.10.2021 and further their custody is no longer required for the purposes of investigation to the matter. It is submitted that the petitioners are not the aggressors and that it was the de-facto complainant and his henchmen who attacked the petitioners. It is also submitted that the petitioners have been in custody from 19.10.2021.

The learned Public Prosecutor, on instructions, would submit that this is case where the de-facto complainant was attacked using a sword and the wound certificate of the de-facto complainant supports the allegation. It is submitted that the investigation is ongoing and the grant of bail, at this stage, may affect the progress of the investigation.

Having regard to the facts and circumstances of the case and considering the nature of the allegations and also considering the fact that further custodial interrogation of the petitioners may not be necessary for the purpose of investigation into the case and keeping in mind the principles laid down by the Supreme Court in Arnesh Kumar vs State of Bihar (2014 (3) KLT 143 SC), I am of the view that the petitioners can be granted bail subject to conditions.

In the result, this application is allowed and it is directed that the petitioners shall be released on bail, subject to the following conditions:-

(i) The petitioners shall execute bonds for sum of Rs.50,000/-(Rupees fifty thousand only) each with two solvent sureties each for the like sum to the satisfaction of the Jurisdictional Court;

(ii) The petitioners shall appear before the investigating officer in Crime No.549/2021 of Kareelakulangara Police Station, Alappuzha District on every Saturday at 11.00 am until further orders;

(iii) The petitioners shall not attempt to interfere with the investigation or influence or intimidate the de-facto complainant or any witness in Crime No.549/2021 of Kareelakulangara Police Station, Alappuzha District ;

(iv) The petitioners shall not enter the local limits of the Kareelakulangara Police Station where the de-facto complainant is residing except for the purpose of complying with condition No.(ii) above;

(v) The petitioners shall surrender their passports before the Jurisdictional Court. If the petitioners do not have passports, they shall execute affidavits to that effect and file the same before the said court within seven days of release on bail;

(vi) The petitioners shall not involve in any other crime while on bail.

If any of the aforesaid conditions are violated, the investigating officer in Crime No.549/2021 of Kareelakulangara Police Station, Alappuzha District may file an application before the Jurisdictional Court, for cancellation of bail.