Subash vs State Of Kerala

Viju Abraham, J

This is an application for regular bail.

Petitioners are the accused 1 & 2 in Crime No.80 of 2022 of Mannancherry Police Station, Alappuzha registered alleging commission of offences punishable under Sections 452, 294(b), 506 (ii), 341, 323, 324 and 307 r/w S.34 of IPC.

The prosecution allegation is that, the accused Nos.1 to 3 due to their animosity towards one Santhosh, a friend of the defacto complainant, with their common intention to kill him, on 26.1.2022 at 3,45 pm, reached in a scooter and criminally trespassed into the engineering workshop of the aforesaid Santhosh with deadly weapons like sword, wrongfully restrained him and abused and threatened him. Thereafter, the first accused inflicted a cut injury to the above Santhosh with a sword and the third accused hold around him tightly for aiding the accused Nos.1 and 2 to attack him and they cut him several times, causing injuries on his both hands and head and thereby they have committed the aforesaid offences.

The 1st accused was arrested on 4.2.2022 and the 2nd accused was arrested on 27.1.2022 and they are in custody since then.

Heard the learned counsel for the petitioners and the learned Public Prosecutor.

Learned Public Prosecutor opposed the application for bail mainly contending that the petitioners are involved in several other cases also and the injuries sustained by the defacto complainant is serious and further submits that the charge sheet has already been filed.

Considering the fact and circumstances of the case and the nature of the allegation, and that the petitioners are in custody from 27.1.2022 and 4.2.2022 respectively, I am inclined to grant bail to the petitioners and it is ordered that the petitioners shall be released on bail on the following stringent conditions:

(i) The petitioners shall execute bond for a sum of 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) Petitioners shall appear before the investigating officer in Crime No.80 of 2022 of Mannancherry Police Station, on every Saturday at 11 am until conclusion of the trial;

(iii) The petitioners shall not attempt to interfere with the investigation or to influence any witness in Crime No. 80 of 2022 of Mannancherry Police Station;

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

(v) The petitioner shall not enter the local limits of Mannancherry Police Station except for appearing before the court of law, and to comply with condition No.((ii)) till the trial is over.

If any of the aforesaid conditions are violated, the investigating officer in Crime No. 80 of 2022 of Mannancherry Police Station may file an application before the jurisdictional court, for cancellation of bail.