Shamnad vs State Of Kerala

Viju Abraham, J

This is an application for regular bail.

The petitioners are accused Nos.1 to 3 in Crime No.341 of 2022 of Perambra Police Station, alleging commission of offences punishable under Sections 341, 323, 324 and 308 r/w 34 of the Indian penal Code.

The prosecution allegation is that on 13.06.2022 at 11.00 pm., while CW1 and his friend were entering into the road from the compound of Surya Bar, the first accused came through wrong side in a car and pushed him down and stamped on his belly. At that time, the 2nd and 3rd accused came out of the car and wrongfully restrained CW1 and the 1st accused stabbed below the neck of CW1 with a sharp edged weapon. The accused were arrested on 14.06.2022 and thereby committed the aforesaid offences.

Learned counsel for the petitioners submitted that the petitioners were arrested on 14.06.2022 and they are in custody since then.

Learned Public Prosecutor opposed the bail application mainly contending that the injuries sustained are severe in nature and further that accused Nos.1 and 2 are

involved in other criminal cases. The learned Public Prosecutor further submitted that the incident happened in connection with the scuffle which happened the compound of Surya Bar.

Having regard to the facts and circumstances of the case and the nature of the allegations, the petitioners are in custody from 14.06.2022 onwards, I am inclined to grant bail to the petitioners subject to stringent conditions. In the result, the bail application is allowed. It is directed that the petitioners shall be released on bail, subject to the following conditions:

(i) The petitioners shall execute a bond for a sum 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) Petitioners shall appear before the investigating officer in Crime No.341 of 2022 of Perambra Police Station, on every Saturdays at 11 am, till filing of the final report.

(iii) The petitioners shall not attempt to interfere with the investigation or to influence or intimidate the defacto complainant or any witness in Crime No.341 of 2022 of Perambra Police Station,

(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.341 of 2022 of Perambra Police Station, may file an application before the jurisdictional court, for cancellation of bail.