Subair P vs State Of Kerala

Gopinath P, J

The petitioner is the 6th accused in Crime No.7/2022 of Pattambi Police Station, Palakkad District alleging commission of offences under Sections

143, 147, 148, 341, 323, 324 and 308 read with 149 of the Indian Penal Code.

The allegation against the petitioner is that together with the other accused he formed an unlawful assembly and armed with deadly weapons,

wrongfully restrained the de facto complainant and attacked him, as a result of which the de facto complainant suffered a fracture on his head.

The learned counsel for the petitioner submits that the petitioner is absolutely innocent in the matter. It is submitted that no specific overt act has

been alleged against the petitioner. It is submitted that the petitioner has no criminal antecedents. It is also pointed that accused Nos.2, 3 & 7 have

already been granted bail by the Sessions Court, Palakkad.

The learned Public Prosecutor on instructions would submit that the petitioner together with the other accused are members of a local club and they

had created an issue with the de facto complainant on the allegation that the de facto complainant had danced when a band in connection with a local

festival was progressing along the road. It is submitted that accused Nos.1 & 2 have criminal antecedents, though no criminal antecedents are

reported thus far against the petitioner/6th accused.

Having regard to the facts and circumstances of the case and considering the fact that the petitioner has been in custody from 03-12-2021 and also

considering the fact that accused Nos.2, 3 & 7 have been granted bail by the Sessions Court, Palakkad, I am of the view that the petitioner can be

granted bail subject to conditions.

In the result this bail application is allowed. It is directed that the petitioner shall be released on bail, subject to the following conditions:-

(i) The petitioner shall execute a 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) The Petitioner shall report before the Investigating officer in Crime No.7/2022 of Pattambi Police Station on every Saturday at 11 a.m until filing of final report;

(iii) The petitioner shall not attempt to interfere with the investigation, influence or intimidate the de facto complainant or any witness in Crime No.7/2022 of Pattambi

Police Station;

(iv) The petitioner shall not involve in any other crime while on bail.

If any of the aforesaid conditions are violated, the Investigating officer in Crime No.7/2022 of Pattambi Police Station may file an application before

the jurisdictional Court for cancellation of bail.