Sreekanth @ Kuttappu vs State Of Kerala

M.R.Anitha, J

The petitioner is the 4th accused in Crime No.1553/2021 of Valiyamala Police Station, Thiruvananthapuram District, alleged the offence punishable under Sections 143,147, 148, 149, 294(B), 323, 324, 506(II), 354, 308 of IPC.

The prosecution allegation is that the accused Nos.1 to 5 who are in inimical terms with the defacto complainant, formed themselves in to an unlawful assembly and in prosecution of the common object of that assembly on 05.08.2021 at about 2 a.m, came in front of the residence of defacto complainant and threw a country made bomb. Hearing the noise, defacto complainant came out from his house. Accused uttered obscene words and the first accused fisted on the chest and back of the defacto complainant. Defacto complainant fell down. 2Nd accused kicked the defacto complainant. When the brother of the defacto complainant tried to interfere, he was assaulted by the accused Nos.3 and 4. Thereafter, the first accused with a stone hit the defacto complainant and when mother of the defacto complainant came there, the accused Nos.2 and 4 misbehaved towards her and thereafter, 5th accused fisted the defacto complainant, thereby, accused committed the offence as aforementioned.

Report filed by the Sub Inspector of Police, Valiyamala Police station, has also produced.

Heard both sides. In the report filed by the Sub Inspector, it has been stated that accused Nos.1, 2 and 5 are remaining to be arrested. 3rd accused has already been released on bail. It is also reported that the petitioner is involved in another crime No.553/2019 under Sections 294(b), 323, 324 r/w Section 34 of IPC.

Though the petitioner is involved in another crime as per the report filed by the Investigating Officer, the offences are bailable in that case. In this case, he has been under confinement from 05.8.2021 onwards. There is no recovery or any other formalities to be complied, with respect to this accused.

Hence, in view of the period of confinement and the nature of offence alleged to have been committed by the petitioner, I am of the view that the bail can be granted to the petitioner on the following conditions:

(i) The petitioner shall be released on bail on his executing bond for a sum of Rs.30,000/- (Rupees thirty Thousand Only) with two solvent sureties for the like sum each to the satisfaction of the court having jurisdiction.

(ii) The petitioner shall appear before the SHO concerned once in a week in between 9.00 a.m and 10.00 a.m for a period of three months from the date of his release or till the final report is filed, whichever is earlier.

(iii) The petitioner shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence.

(iv) The petitioner shall not commit any offence while on bail.

In  case  of  violation  of  any  of  the  above conditions, the learned Magistrate is empowered to cancel the bail in accordance with the law.