Shameer vs State Of Kerala

Gopinath P., J

This is an application for regular bail.

The petitioners are the accused in Crime No.763/2021 of Kurathikadu Police Station, Alappuzha District alleging commission of offences under

Sections 323, 324, 506(I), 307 r/w Section 34 of the Indian Penal Code.

The allegation against the petitioners is that, on 07.11.2021, the petitioners along with other accused attacked the de-facto complainant and his

friend and caused serious injuries to them using a sword stick and knife and thereby they committed the offences alleged against them.

The learned counsel for the petitioners would submit that the petitioners had acted in self defence. It is submitted that the incident admittedly took

place in the courtyard of the house of the 1st accused and the de-facto complainant with his friends had actually attacked the 1st accused and his

family members. It is submitted that the petitioners only retaliated. It is submitted that Crime No.765/2021 has been registered against the de-facto

complainant and others in respect of the incident. It is submitted that the petitioners were arrested on 08.11.2021 and have been in custody since. It is

submitted that the continued detention of the petitioners is not necessary for the purpose of any investigation as a final report has already been filed in

the matter. It is also pointed out that the other accused in the case have already been granted bail.

I have heard the learned Public Prosecutor also.

The learned Public Prosecutor has taken me through the first information statement and the wound certificate in respect of the de-facto

complainant and his friend and has pointed out the serious injuries caused to the de-facto complainant. It is submitted that following investigation, a

final report has been filed in the matter after finding that the petitioners had committed the offences alleged against them.

Having regard to the facts and circumstances of the case and considering the fact that the petitioners have been in custody since 08.11.2021 and

considering the fact that a final report has already been filed in the matter, indicating that further detention of the petitioners is not necessary for the

purpose of investigation, 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 sums 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.763/2021 of Kurathikadu Police Station, Alappuzha District whenever called upon to do

so;

(iii) The petitioners shall not attempt to contact the de-facto complainant or influence or intimidate the de-facto complainant or any witness in Crime No.763/2021 of

Kurathikadu Police Station, Alappuzha District;

(iv) 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.763/2021 of Kurathikadu Police Station, Alappuzha District may

file an application before the Jurisdictional Court, for cancellation of bail.