Sreejith Rajan vs State Of Kerala

K.Haripal, J

This is an application filed under Section 439 of the Cr.P.C. by accused Nos.1 and 3 in crime No.448/2021 of Angamaly police station, which was

registered alleging offence punishable under Sections 447, 341, 323, 324 and 308 r/w 34 of the IPC. The alleged incident had happened at 2.30 p.m. on

16.04.2021. It is stated that the accused persons, three in number, in furtherance of their common intention, trespassed into the residential premises of

the defacto complainant; the first accused caused cut injury to the defacto complainant with a chopper, the third accused had caught hold of him and

that he had sustained injuries in the incident.

Earlier, the petitioners had moved this Court as well as the Sessions Court respectively seeking anticipatory bail, both were dismissed. Thereafter

both of them surrendered before the Investigating Officer on 28.06.2021 and were remanded to judicial custody. From 28.06.2021, they are in remand.

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

The learned Public Prosecutor has submitted that the chopper allegedly used by the first accused has already been recovered. The first accused

has two criminal cases to his credit, registered in 2019 and 2020; no criminal antecedents is noticed against the second petitioner.

So long as the weapon of offence has been recovered, it does not seem that continued detention of the petitioners is necessary in the case. Therefore,

both of them shall 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 evidence;

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

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

v) They shall appear before the investigating officer/committal court/trial court as and when required;

vi) They shall strictly abide 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.