Sevagh Krishna vs State Of Kerala

Shircy V, J

The petitioner, who is the 4th accused in Crime No. 519 of 2021 of Anthikkad Police Station, Thrissur registered for the offences punishable under Sections 307, 326 read with 34 of Indian Penal Code has moved this application for his release on bail.

The prosecution case is that the defacto complainant had filed a complaint against the 3rd accused. So, he is entertaining enmity towards him. Hence, with the intention to commit murder of the defacto complainant, on 08.08.2021 at about 7.15 p.m., all the accused formed themselves into an unlawful assembly, came in a car bearing Registration No. KL 63-E-3551 and hit against the scooter which the defacto complainant was riding, bearing Registration No. KL-08-BC-5402, and as a result he fell down. Then, the 1st accused had hacked the defacto complainant with a sword and accused No.2 had beaten him with an iron rod and others with iron pipes with the intention to cause his death and thereby they have committed the aforesaid offences.

This petitioner has been in custody since 09.08.2021.

The learned counsel for the petitioner has submitted that, he is aged only 19 years having no criminal antecedents. In this case, there is no specific allegation against him that he caused injuries to the defacto complainant with the common intention to murder him. Still, he is undergoing incarceration.

The learned Public Prosecutor has also submitted that no specific overt act has been alleged against this petitioner and from the statement of the defacto complainant, it is evident that the injuries were caused mainly by accused Nos. 1 and 2. It is also submitted that all the accused were arrested and the weapons used by them to inflict injuries on the defacto complainant were recovered.

It is true that this petitioner is having no criminal antecedents and is aged only 19 years and no overt act is alleged against this petitioner by the defacto complainant who had sustained injuries from accused Nos. 1 and 2. Hence, I think that his request to release him on bail can be considered favourably. Moreover, the investigation of the case has progressed considerably, in fact, nearing completion. The weapons used by the accused had already been recovered.

Therefore, this application is allowed subject to the following conditions:

(i) The petitioner shall be released on bail on his executing a bond for a sum of Rs.1,00,000/- (Rupees One lakh only) with two solvent sureties for the like sum each to the satisfaction of the court having jurisdiction.

(ii) The petitioner shall appear before the Investigating Officer for interrogation as and when required by him, in writing.

(iii) The petitioner shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence.

(iv) The petitioner shall not commit any offence while on bail.

In case of violation of any of the above conditions, the jurisdictional court is empowered to cancel the bail in accordance with the law.