Shihabudeen 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.1314/2022 of Kunnamkulam Police Station, Thrissur alleging commission of offences punishable under Sections 141, 143, 147, 148, 341, 323, 324, 397, 307 r/w Section 149 of the Indian Penal Code.

The prosecution case is that on 03.11.2022 at 4.00 pm, the accused formed an unlawful assembly and after being armed with deadly weapons attacked the victim named Pradeep in a rubber estate and voluntarily caused hurt to him by stabbing with a knife and attempted to commit murder. Thus, the accused committed the above offences.

The learned counsel for the petitioners submitted that they have been falsely implicated in the above said crime. It is in fact the defacto complainant has attacked the 6th accused mother who is a kidney patient. The 6th accused has tried to save his mother from the attack of the defacto complainant. Defacto complainant is a person having serious criminal antecedents. The petitioners have no involvement in the commission of the alleged incident. It is further submitted that the petitioners are in custody from 04.11.2022 onwards and the investigation has progressed considerably and their further detention is not required for the purpose of the investigation. The petitioner’s further case is that accused Nos.4 to 6 have already been granted bail by this Court in BA No.10596/2022.

The learned Public Prosecutor seriously opposed the application for bail mainly contending that the defacto complainant was seriously attacked by the petitioners herein and he sustained stab injury in the alleged incident and further that the petitioners have serious criminal antecedents of having involved in several other cases.

Having regard to the facts and circumstances of the case, taking into consideration the fact that the petitioners are in custody from 04.11.2022, I am inclined to grant bail to the petitioners but taking note of the serious criminal antecedents of the petitioners the same shall only be on the following stringent 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.1314/2022 of Kunnamkulam Police Station, Thrissur on every Saturday at 11 am till the final report is filed and shall co-operate with the investigation;

(iii) The petitioners shall not attempt to interfere with the investigation or to influence any witness in Crime No.1314/2022 of Kunnamkulam Police Station, Thrissur ;

(iv) The petitioners shall not enter the jurisdictional limit of the Kunnamkulam Police Station, Thrissur for a period of three months except for the purpose of complying with condition No.(ii) above or to attend any court proceedings

(vi) 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.1314/2022 of Kunnamkulam Police Station, Thrissur may file an application before the jurisdictional court, for cancellation of bail.