Shanavas, S/o Vahid vs State Of Kerala

Viju Abraham , J

This is an application for regular bail.

Petitioners are accused Nos.1 & 2 in Crime No.767 of 2022 of Nooranadu Police Station, Alappuzha registered alleging commission of offences punishable under Sections 341, 323, 324, 326, 308 and 506(ii) r/w Section 34 of IPC.

The prosecution allegation is that, the defacto complainant and his friend Sri.Shameer questioned the presence of the accused at Thamarakulam junction on 20.10 2022 at night and the accused with intend to commit culpable homicide followed the defacto complainant and his friend in a motor cycle and wrongfully restrained them in front of the saw mill situated on the southern side of Thamarakulam Nediyani Temple overtaked and blocked the motor cycle bearing Reg.No.KL-31-F-2260 ridden by them, the 1st accused waved a dangerous weapon on the face of the defacto complainant and he warded off otherwise it would have hit on his nose and caused death, the 1st accused inflicted blow on the face of the friend of the defacto complainant by using the weapon and thereby he lost his 3 teeth on his upper jaw, the accused did the above acts with the knowledge that their act would be likely to cause death of the defacto complainant and his friend and thereby the accused committed the above said offences.

Petitioners submit that they are in custody from 21.10.2022 onwards. Petitioners submit that the recoveries have already been effected and their further detention is not required for the purpose of investigation. Petitioners further submit that they have no other criminal antecedents.

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

Learned   Public   Prosecutor   opposed   the application for bail, mainly contending that the accused attacked the defacto complainant and his friend and they sustained serious injury. Learned Public Prosecutor further submits that the petitioners have no other criminal antecedents.

Considering the facts and circumstances of the case and the nature of the allegation, and that the petitioners are in custody from 21.10.2022 onwards, I am inclined to grant bail to the petitioners, but on 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 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.767 of 2022 of Nooranadu Police Station on every Saturday at 11 am, until filing of final report;

(iii) The petitioners shall not attempt to interfere with the investigation or to influence any witness in the above said crime;

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