Shajahan vs State Of Kerala

Gopinath P., J

These are applications for regular bail.

Petitioners are accused Nos.1 and 2 in Crime No.33 of 2022 of Alathur Police Station, Palakkad District, alleging commission of offences under Sections 341, 324, 326, 506(ii), 307 and 302 read with Section 34 of the Indian Penal Code.

The allegation against the petitioners is that on 07.01.2022 at about 17.15 hours, the petitioners along with accused No.3 attacked the de-facto complainant's father (one Bapputty) using iron rod, wooden stick etc., following which the father of the de-facto complainant sustained fracture on his ribs and grievous head injury, as a result of which he died.

The learned counsel appearing for the petitioners in these cases would submit that the deceased was a trouble maker and he was constantly attacking the family members of the petitioners in these cases, as a result of which several complaints have been filed against the deceased. It is submitted that on 07.01.2022, the deceased had again attempted to attack the family members of the petitioners and the petitioners had only intervened to prevent such attack. It is submitted that the act of the petitioners can only be seen as a private defence. It is submitted that the petitioners have been in custody for 130 days and a final report has already been filed in the matter.

The learned Public Prosecutor vehemently opposes the grant of bail. He submits that the petitioner in Bail Application No.3128 of 2022 was earlier accused in a case alleging commission of offence under Section 326 of the Indian Penal Code for having attacked and injured the deceased. It is submitted that the 2nd accused procured bail from this Court on strict conditions and the incident which took place on 07.01.2022 is actually a violation of the conditions upon which this Court had granted bail to the 2nd accused. It is submitted that the petitioners and the deceased are neighbours and relatives and if the petitioners are released on bail, there is every chance of material witnesses being influenced in the matter.

The learned counsel for the petitioners would submit, in reply, that the family of the petitioners are in extreme penury, as a result of the fact that the petitioners have been in custody for 130 days. It is submitted that the apprehension of the learned Prosecutor that material witnesses are likely to be influenced or intimidated can be dealt with by imposing appropriate conditions, which the petitioners will faithfully obey. It is submitted that the petitioner in Bail Application No.3128 of 2022 had no intention to violate any condition upon which he was granted bail earlier by this Court in the case registered against him alleging commission of offence under Sections 326 of the Indian Penal Code. It is submitted that the incident which took place on 07.01.2022 was clearly an act of self defence and the deceased had actually came to the house of the petitioners to attack them.

Having regard to the facts and circumstances of the case and considering the fact that a final report has already been filed in the matter and also considering the fact that the petitioners have been in custody for 130 days, I am of the opinion that the petitioners can be granted bail subject to strict conditions.

In the result, these bail applications will stand allowed and it is directed that the petitioners shall be released on bail subject to the following conditions:

(1) Petitioners shall execute separate bonds for sums of Rs.50,000/- (Rupees Fifty Thousand) each with two solvent sureties each for the like sum to the satisfaction of the Jurisdictional Court;

(2) Petitioners shall not attempt to influence or intimidate any witness in Crime No.33 of 2022 of Alathur Police Station,

(3)Petitioners shall not enter the local limits of Alathur Police Station till all the prosecution witnesses are examined in the case now pending at committal stage as C.P.No.12 of 2022 before the Judicial First Class Magistrate Court, Alathur.

(4) Petitioners shall report before the investigating officer in Crime No.33 of 2022 of Alathur Police Station, Palakkad District, every Saturday at 11.00 A.M until further orders;

(5) 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.33 of 2022 of Alathur Police Station, Palakkad District, may file an application before the Jurisdictional Court for cancellation of bail.