Shyju @ Shan vs State Of Kerala

Viju Abraham, J.

1.This is an application for Regular Bail.

The petitioners are accused Nos.3 and 11 in Crime No.653/2022 of Kadakkavoor Police Station, Thiruvananthapuram alleging commission of offences punishable under Sections 143, 147, 148, 323, 324, 326 and Section 308 r/w Section 149 of the IPC.

The prosecution allegation is that, 06.10.2022 at 9 pm, the accused persons 11 in number unlawfully assembled with deadly weapons and assaulted one Vipin Nath and his friends. It is alleged that due to enmity that the accused persons were not permitted to participate in the onam festival, A1 assaulted Vipin Nath using an iron rod, A2 using a chopper inflicted cut injury on Vipin Nath and his friend Rahul Raj. It is also alleged that A3 using a chopper inflicted cut injury. It is alleged that A4 to A6 assaulted one Nikhil using iron rod and A7 to A11 fisted one Sujith by bare hands and thereby committed the aforesaid offences.

The learned counsel for the petitioners submitted that initially crime was registered only for offences punishable under Sections 143, 147, 148, 323, 324 r/w Section 149 of the IPC. Only during the investigation, the offence under Section 326 and 308 of the IPC were added. It is further submitted that the petitioners are in custody from 31.10.2022 onwards. It is also submitted that the petitioners have no other criminal antecedents and further that the petitioners have absolutely no connection with the alleged incident. There occurred a dispute between two groups in connection with the onam celebration and regarding the loading of timbers, which lead to a fight. On hearing the hue, the petitioners who are relatives, intervened and tried to stop the fight. However, in the incident, the petitioners were also attacked by some among in the mob and the 2nd petitioner sustained serious injury including a stab injury on his back as is evident from Anxs.B and C – Medical records will prove that the petitioners also sustained injury in the alleged incident.

The learned Public Prosecutor opposed the application for bail mainly contending that the defacto complainant sustained serious injuries in the alleged incident and that the serious overt acts of attacking the defacto complainant by using a chopper is on the 1st petitioner also. The allegation against the 2nd petitioner is that he along with the other accused attacked the defacto complainant and fisted him. It is further submitted that the petitioners are not involved in any other crime.

Having regard to the facts and circumstances of the case, taking into consideration the fact that the petitioners are in custody from 31.10.2022 and also taking into consideration the fact that the petitioners have no other criminal antecedents, I am inclined to grant bail to the petitioners and it is ordered that the petitioners shall be released on bail 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.653/2022 of Kadakkavoor Police Station, Thiruvananthapuram 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.653/2022 of Kadakkavoor Police Station, Thiruvananthapuram ;

(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.653/2022 of Kadakkavoor Police Station, Thiruvananthapuram may file an application before the jurisdictional court, for cancellation of bail.