Savio Sebastian Joseph vs State Of Kerala

Viju Abraham, J

This is an application for regular bail.

Petitioners are accused Nos.3, 4 and 6 in Crime No.3118 of 2022 of Changanassery Police Station, Kottayam registered alleging commission of offences punishable under Sections 143, 144, 147, 148, 294(b), 323, 324, 308 and 341 read with Section 149 of the Indian Penal Code.

The prosecution allegation is that on 25.11.2022 at around 9.45 p.m. accused Nos.1 and 2 shouted and made quarrel in the 'Roll Bank Cafe', a coffee shop conducted by the defacto complainant and his friends and the defacto complainant questioned the same and on account of the same, accused Nos.1 and 2 attacked him and accused Nos.3 to 6 who came there also attacked the defacto complainant and his friends and abused them by calling obscene words. Thus the accused persons are alleged to have committed the aforesaid offences.

Petitioners submit that they have been falsely implicated in the abovesaid crime and that they have not attacked the defacto complainant and his friends or used any filthy or obscene languages. Petitioners are students and that they are in custody from 29.11.2022 onwards.

Learned Public Prosecutor opposed the application for bail mainly contending that the defacto complainant was stabbed with a knife and he sustained serious injuries in the attack, but submitted that the overt act of stab injury was on first accused. Learned Public Prosecutor further submitted that the first petitioner herein has criminal antecedents of having involved in three other cases.

Considering the facts and circumstances of the case and taking into consideration the detention of the petitioners from 29.11.2022 onwards, I am inclined to grant bail to the petitioners.

(i) The petitioners shall execute a bond for 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) They shall appear before the investigating officer in Crime No.3118 of 2022 of Changanassery Police Station, Kottayam on all Saturdays at 11.00 a.m. till the filing of charge sheet.

(iii) They shall not attempt to interfere with the investigation or to influence any witness in the abovesaid crime.

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

If  any  of  the  aforesaid  conditions  are  violated,  the investigating officer in Crime No.3118 of 2022 of Changanassery Police Station, Kottayam may file an application before the jurisdictional court, for cancellation of bail.