Sivakumar, S/o Uthaman vs State Of Kerala

Viju Abraham, J

This is an application for regular bail.

Petitioner is the 2nd accused in Crime No.131 of 2022 of Haripad Police Station registered alleging commission of offences punishable under Sections 143, 147, 148, 341, 506(ii), 294(b), 323, 324, 307 and 302 of IPC.

The prosecution allegation is that on 16.02.2022 at about 11.30 P.M, the petitioner along with other accused formed themselves into an unlawful assembly, and in furtherance of the common object they had intercepted the deceased person. A2 caught hold of the deceased person and A1 stabbed him with a knife. The deceased thereafter succumbed to the injuries and thus the accused have committed the offences alleged.

The  case  of  the  petitioner  is  that  he  is falsely implicated in the above said crime and that he has no other criminal antecedents. The learned counsel for the petitioner would further submit that the petitioner has been in custody since 18.02.2022 and that the charge sheet has already been filed. The petitioner submitted that when FIR was lodged on the basis of 154 statement of CW1 Manoj, there was no allegation that the petitioner has caught hold of the deceased person and thereby facilitated the 1st accused to stab the deceased, but he changed his version in 161 statement to the effect that the petitioner caught hold of the deceased person, and the 1st accused stabbed him. The petitioner further submitted that 5th, 7th, 8th and 9th accused were already granted bail by this Court in B.A.No.2557 of 2022, whereas the 6th accused was also released on bail by this Court in B.A.No.2315 of 2022. Petitioner submits that he has no other criminal antecedents.

Learned Public Prosecutor opposed the application for bail mainly contending that the petitioner has an active involvement in the above said crime. Though, it was A1 who inflicted a stab injury on the deceased, the petitioner has facilitated the said infliction of the stab injury by the 1st accused. Learned Public Prosecutor further submitted that the petitioner has no other criminal antecedents and that the charge sheet is already filed on 13.5.2021.

It is true that the overt act of the accused persons have resulted in the death of the victim, but it is a fact that the petitioner has been in custody since 18.2.2022 and that the charge sheet in the case is already filed as early as on 13.5.2021. It is reported that the petitioner has no other criminal antecedents and serious overt act of stabbing the victim was done by the 1st accused.

Taking into consideration all these facts and circumstances of this case, I am inclined to grant bail to the petitioner and it is ordered that the petitioner shall be released on bail on the following stringent conditions:

(i) The petitioner shall execute bond for a sum of Rs.1,00,000/- (Rupees One lakh only) with two solvent sureties each for the like-sum to the satisfaction of the jurisdictional court;

(ii) The Petitioner shall fully co-operate with the investigation;

(iii) The Petitioner shall appear before the investigating officer between 10.00 a.m and 11.00 a.m on every Saturday until further orders. The petitioner shall also appear before the investigating officer as and when required by him;

(iv) The petitioner shall not commit any offence of like nature while on bail;

(v) The petitioner shall not make any attempt to contact any of the prosecution witnesses, directly or through any other person, or any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation;

(vi) The petitioner shall not leave State of Kerala without the permission of the trial court;

(vii) The petitioner shall not enter the local limits of Haripad Police Station except for appearing before the court of law till the trial is over.

If any of the aforesaid conditions are violated, the investigating officer in Crime No. 131 of 2022, of Haripad Police Station may file an application before the jurisdictional court, for cancellation of bail.