Subash @ Motta Subash vs Vs State Of Kerala

K.Haripal, J

Petitioners are accused in Crime No. 486/2021 of Kadakkavoor Police Station in Thiruvananthapuram District, which was registered on the death

of one Joshi, aged 38 years old, after an attack by a gang of ten persons. In the attack, the victim suffered an instantaneous death. A crime was

registered alleging offence punishable under Sections 143, 147, 148, 324, 326 & 302 read with 149 of the Indian Penal Code and also under Sections 3

and 5 of Explosive Substance Act, 1908. Later, Section 120B of the IPC has also been incorporated. The petitioners who are accused Nos. 4, 6, 7 and

9 were arrested on 11.05.2021 and are in custody since then.

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

According to the learned counsel for the petitioners, the deceased was a troubleshooter in the area, he had constantly threatened and pestered the

family members of the petitioners and that he had very many enemies in the area. He was a known goonda and that somebody might have attacked

and killed him and they are not responsible for the death.

At the same time, the learned Public Prosecutor has stated that the petitioners had specific role in the death of the person. The first petitioner have

used a chopper against the deceased, the second petitioner had hurled a country bomb at him, the third petitioner had used a stick and the fourth

petitioner used a knife and that the death was the cumulative effect of the attack by the petitioners.

It has come out from the words of the learned Public Prosecutor that the investigation has progressed considerably. All the accused have been

arrested. Accused Nos. 5, 8 and 10 have already been released on bail by this Court. Even though the petitioners have one case each registered

against them to their credit, are not habitual offenders.

Considering all these aspects and having regard to the stage of investigation, all of them can be released on bail on the following conditions:-

i) The petitioners shall execute bond for Rs.1,00,000/-(Rupees One lakh 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 the evidence;

iii) Petitioners shall surrender their passport before the jurisdictional Court;

iv) They shall appear before the Investigating Officer/trial court as and when required;

v) 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;

vi) 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 application is allowed as above.