Sreemon @ Sreekuttan vs State Of Kerala

K.Haripal, J

These are applications filed under Sections 439 of the Code of Criminal Procedure by accused Nos. 3 to 8 in Crime No. 632/2021 of

Chirayinkeezhu Police Station. That crime was registered alleging offence under Sections 120B and 302 read with 34 of the Indian Penal Code.

The allegation is that the ninth accused had induced the deceased in a scooter, took him to an isolated place, to a brick kiln, Jai Hind Hollow Brick

Company, Mundapuram and all accused, in furtherance of the criminal conspiracy hatched them, attacked and caused him grievous injuries and

caused his death. The learned counsel for the petitioners submit that the petitioners are only friends of the first accused; there was previous animosity

between the first accused and the deceased, all the petitioners hail from Kollam, they are in custody from the date of their arrest; the accused Nos. 3,

4, 6 and 8 were arrested on 31.05.2021, the seventh accused was arrested on 30.05.2021 and the fifth accused was arrested on 28.05.2021.

According to learned counsel for petitioners, investigation has reached an advanced stage, they do not have criminal antecedents to their credit.

The learned Public Prosecutor has submitted that there are nine accused in the crime and all have been arrested; there was animosity between the

first accused and the defacto complainant and in the mission that was hatched by the first accused, all accused had joined and the said person was

killed out of joint action by all the accused persons. They had used dangerous weapons like iron rods and sword and caused him serious injuries and he

succumbed to the injuries.

The learned Public Prosecutor has also pointed out that investigation has progressed, that the weapons of offence have been recovered. From the

words of the learned Public Prosecutor, it does not seem that their further detention is warranted; they do not have criminal antecedents also to their

credit.

Therefore, the petitioners shall be released on bail subject to the following conditions:-

i) The petitioners shall execute separate 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 report before the Investigating Officer every Saturday between 9.00 A.M. and 11.00 A.M., till the final report is laid;

iii) 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;

v) They shall appear before the Investigating Officer/jurisdictional 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.

The bail applications are allowed as above.