Sreejith vs Vs State Of Kerala

K.Haripal, J

Petitioners are accused Nos. 1 and 2 in Crime No. 506/2021 of Viyyur Police Station, Thrissur district. The genesis of the crime is an incident that

had happened at 3.35 P.M., on 06.07.2021 near Daya Hospital at Peringavu, Thrissur. Now face allegations under Sections 323, 324, 294(b), 506, 308

read with 34 of the Indian Penal Code. The petitioners were arrested on 07.07.2021 and since then are in judicial custody.

I heard the learned counsel for the petitioners and also the learned Senior Public Prosecutor.

According to the learned counsel for the petitioners, they are fish vendors and some dispute had arisen between the defacto complainant and his

brother on the one hand and the petitioners on the other with regard to the installation of fish stalls and that led to an altercation between the two

groups, that the petitioners also had sustained injuries for which he has highlighted Annexure A2 series documents. According to the learned counsel,

both the petitioners were arrested from the hospital against medical advice. They had also sustained injuries in the occurrence. Referring to Annexure

A1 document, he said that weapons of offence have already been recovered by the police.

The learned Public Prosecutor has also submitted that stones and knives allegedly used by the petitioners have already been recovered. Both the

petitioners have criminal antecedents to their credit and the first petitioner is an accused in Crime No. 265/2021 of Viyyur Police Station.

Now for more than one month, the petitioners are in judicial custody. The reason that the third accused is not yet arrested, cannot be taken as a

ground for continuing the detention of the petitioners. Even though the petitioners have criminal antecedents to their credit, that also is not a ground for

detaining them further. On evaluating the updates of investigation, the petitioners can be released on bail, on the following conditions:-

i) The petitioners shall execute bond for 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) They shall not try to contact or influence the witnesses or tamper with the evidence;

iii) They shall not involve in any crime during the bail period;

iv) They shall not leave the country without permission of the jurisdictional court;

v) They shall appear before the Investigating Officer/trial court as and when required;

vi) The petitioners shall strictly follow the various guidelines issued by the State and Central Governments with respect to keeping of social distancing in the wake of

Covid 19 pandemic;

vii) If any of the above conditions are violated by the petitioners, the jurisdictional Court will be at liberty to cancel the bail in accordance with law.

This bail application is allowed as above.