Sreejith vs State Of Kerala

Viju Abraham, J

Petitioners are arrayed as accused Nos.1 and 2 in Crime No.259 of 2022 of Pazhayannur Police Station, alleging commission of offences punishable under Sections 341, 323, 324 and 308 r/w 34 of the Indian Penal Code.

The prosecution case is that on 14.05.2022 at about 7.30 pm., the accused sharing common intention, attacked the defacto complainant and his friends with punching block by wrongfully restraining and pulling down them from the bike ridden by the defacto complainant due to their enmity. It is also alleged that the 2nd accused attacked the defacto complainant with cycle chain welded with iron pipe and beaten over his eyes and stomach and when the defacto complainant was fallen, the 2nd accused kicked on his stomach. It is further alleged that, if the defacto complainant could not release the hands of the 2nd accused held around his neck, he would have died due to suffocation and the accused thereby committed the aforesaid offences.

Learned counsel for the petitioners submitted that petitioners are innocent and they are falsely implicated in the above crime. It was further contended that they were arrested on 16.05.2022 and is in custody since then. Learned counsel further submitted that they have no criminal antecedents.

Learned Public Prosecutor opposed the bail application and submitted that defacto complainant sustained serious injuries in the alleged incident.

Having regard to the facts and circumstances of the case, considering the nature of the allegations and considering the fact that the petitioners are in custody from 16.05.2022 onwards, and further that they have no criminal antecedents, I am inclined to grant bail to the petitioners subject to stringent conditions. In the result, the bail application is allowed. It is directed that the petitioners shall be released on bail, subject to the following conditions:

(i) The petitioners shall execute bond for a sum of Rs.50,000/-(Rupees fifty thousand only) 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.259 of 2022 of Pazhayannur Police Station, as and when called for.

(iii) The petitioners shall not attempt to interfere with the investigation or to influence or intimidate the defacto complainant or any witness in Crime No.259 of 2022 of Pazhayannur Police Station.

(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.259 of 2022 of Pazhayannur Police Station, may file an application before the jurisdictional court, for cancellation of bail.