Shuhaib vs State Of Kerala

Shircy V., J

Apprehending arrest in connection with Crime No.389 of 2021 of Chavakkad Police Station, Thrissur registered for the offences punishable under

Sections 143, 147, 148, 341, 323, 324, 506, 308, 149 of the Indian Penal Code, these petitioners have moved this application for bail under Section 438

of the Code of Criminal Procedure.

The prosecution allegation is that on 19.04.2021 due to the enmity of these petitioners towards the defacto complainant, have formed themselves

into an unlawful assembly, armed with an iron rod, a deadly weapon with the common object to attack him, wrongfully restrained him and beaten him

with the iron rod on his head causing serious injuries to him. Thereby the petitioners have attempted to commit culpable homicide not amounting to

murder.

Heard the learned counsel for the petitioners as well the learned Public Prosecutor.

The learned counsel for the petitioners would submit that they are totally innocent of the allegations levelled against them. In fact the defacto

complainant has not sustained very serious injuries as alleged against them. The learned Public Prosecutor also submitted that the injured had already

been discharged from the hospital as the injury sustained by him was not that serious.

The petitioners as well as the defacto complainant are from the very same locality. The weapon alleged to have been used by the petitioners to

inflict injury on the defacto complainant had also been recovered and the investigation is almost over. Now the matter has been settled between the

parties and that is the reason why the petitioners have approached this court with a petition to quash the proceedings against them.

Taking into account of all these facts, I am inclined to grant pre-arrest bail to the petitioners subject to the following conditions:

(i) The petitioners shall be released on bail on executing bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties for the like sum each in

the event of arrest by the police in connection with the above crime.

(ii) The petitioners shall appear before the Investigating Officer for interrogation as and when required by him in writing. They shall co-operate with the investigation

of the case.

(iii) The petitioners shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him

from disclosing such facts to the court or to any police officer or tamper with the evidence.

(iv) The petitioners shall not commit any offence while on bail.

In case of violation of any of the above conditions, the jurisdictional court is empowered to cancel the bail in accordance with the law.