Shameer vs State Of Kerala

Viju Abraham, J

This is an application for regular bail.

Petitioner is the 2nd accused in Crime No.1760 of 2018 of Kallambalam Police Station, Thiruvananthapuram registered alleging commission of offences punishable under Sections 143, 147, 148, 149, 341, 323, 324, 452, 427, 307, 506(ii) of IPC and 27 of Arms act and Sections 3 and 4 of Explosive Substances Act.

The prosecution allegation against the petitioner is that the petitioner along with other accused in furtherance of their common intention to commit murder of the defacto complainant formed an unlawful assembly on 14.12.2018 at about 7 pm and the 1st accused uttered to kill the defacto complainant and his friends. At that time the petitioner, the 2nd accused hurled a petrol bomb towards the defacto complainant and his friends and the 6th accused pelted stones on the defacto complainant. It is further alleged that the 4 and 5 assaulted the defacto complainant and kicked down the defacto complainant. It is further alleged that the accused persons intimidated the defacto complainant and his friends and destroyed a motor bike causing loss of Rs.35,000/- .

Petitioner submits that he was arrested on 14.6.2022 and he has been in custody since then. Though he moved an application for bail before the jurisdictional court, the same was rejected by Annexure-2. Petitioner submits that all other accused were arrested and released on bail and he has no other criminal antecedents.

Heard the learned counsel for the petitioner and the learned Public Prosecutor.

Learned Public Prosecutor upon submitted that petitioner could not be arrested because he went abroad after the commission of the offence. The specific overt act using the sword is as against the 1st accused and the petitioner is alleged to have hurled a petrol bomb, but submitted that petitioner has no other criminal antecedents.

Considering the facts and circumstances of the case and the nature of the allegation, and that the petitioner is in custody from 14.6.2022 onwards, I am inclined to grant bail to the petitioner and it is ordered that the petitioner shall be released on bail on the following stringent conditions:

(i) The petitioner shall execute bond for a sum of Rs.25,000/- (Rupees twenty five thousand only) with two solvent sureties each for the like-sum to the satisfaction of the jurisdictional court;

(ii) Petitioner shall appear before the investigating officer in Crime No.1760 of 2018 of Kallambalam Police Station, on every Saturday at 11 am for two months or filing of final report, whichever is earlier;

(iii) The petitioner shall not attempt to interfere with the investigation or to influence any witness in Crime No. 1760 of 2018 of Kallambalam Police Station;

(iv) The petitioner shall surrender his passport before the jurisdictional court. If the petitioner does not have a passport, he shall execute an affidavit to that effect and file the same before the said court within seven days of release on bail;

(v) The petitioner shall not involve in any other crime while on bail.

If any of the aforesaid conditions are violated, the investigating officer in Crime No. 1760 of 2018 of Kallambalam Police Station may file an application before the jurisdictional court, for cancellation of bail.