Shiran Babu And Ors vs State Of Kerala

The applicants are accused Nos.3,4 and 5 in Crime No.1781/2020 of Ollur Police Station for having allegedly committed offences punishable under

Sections 143, 147, 148, 341, 323, 324, 307 and 302 r/w Section 149 of IPC.

The prosecution case, in brief, is that on 29.09.2020 at about 5.40 a.m. while the de facto complainant's friend, named Sasi was out on the public

road for a morning walk near Ollur Government College Ground, the applicants and the 1st accused formed an unlawful assembly and in the

prosecution of the common object to murder the said Sasi, they wrongfully restrained him and assaulted him. The 1st accused inflicted multiple stab

injuries on the neck, shoulder and right arm of him, to which he succumbed on 9.10.2020. The applicants were not wielding any weapon but they had

assaulted the deceased with hands. The reasons for the attack was that on 17.03.2019, the deceased had allegedly sexually assaulted the 10 years old

sister of the 1st accused and it is in retaliation, and in order to wreak vengeance that the alleged assault was carried out by the unlawful assembly

consisting of the applicants and the 1st accused.

The applicants state that they do not have any criminal antecedents. Custodial interrogation and recovery of the weapon are already over. Since

they have been in custody from 29.09.2020 onwards, they are entitled to regular bail.

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

The learned Public Prosecutor admits that the applicants have no criminal antecedents. It is also admitted that the 1st accused was arrested and

recovery was also affected.

Under the circumstances, I find no reason why the applicants should be detained for a longer time. They are not likely to abscond nor cause any

hindrances. Hence, the application is allowed and the applicants are directed to be released on bail on the execution of a bond for Rs.50,000/- (Rupees

fifty thousand only) each with two solvent sureties, each for the like amount to the satisfaction of the jurisdictional court and on following conditions:-

(i) They shall appear before the investigating officer on all Mondays between 9 a.m. and 12 noon for a period of two months or till the filing of the

final report whichever is earlier.

(ii) They shall not enter the jurisdiction of the police station for a period of two months except for complying with condition No.1

(iii) They shall not tamper with evidence, intimidate or influence the witnesses.

(iv) They shall not get involved in similar offences during the currency of the bail.

In case of violation of any bail condition, the prosecution is at liberty to apply for cancellation of the bail before the jurisdictional court.