Sumesh vs State Of Kerala

Viju Abraham, J

This is an application for regular bail.

Petitioners are accused Nos.1 to 4, 6 and 7 in Crime No.957 of 2022 of Chavakkad Police Station, Thrissur registered alleging commission of offences punishable under Sections 143, 147, 148, 341, 324 and 308 read with Section 149 of the Indian Penal Code.

The prosecution allegation is that on 01.12.2022 at 12.25 hours altogether 10 accused persons assembled unlawfully and attacked the defacto complainant with chopper and iron rod due to the prior animosity of not returned the bike owned by the first accused handed over to the defacto complainant before one year. The first accused hacked the defacto complainant by chopper on his neck and it was evaded and it hit on the back of the head and another accused hit with iron rod and sustained injuries to his head. The accused acted in furtherance of their common intention to attempt to commit culpable homicide. Thus the accused persons are alleged to have committed the aforesaid offences.

Petitioners submit that they are in custody from 03.12.2022 onwards. Petitioners further submit that they are coolie workers and have no serious criminal antecedents and that the defacto complainant has not sustained any serious injuries in the alleged attack.

Learned Public Prosecutor opposed the application for bail mainly contending that the defacto complainant was attacked with a chopper and he sustained injuries in the attack and further that most of the petitioners have criminal antecedents.

Considering the facts and circumstances of the case and taking into consideration the detention of the petitioners from 03.12.2022 onwards, I am inclined to grant bail to the petitioners, but taking note of the criminal antecedents of the petitioners, the same shall only be on stringent conditions.

(i) The petitioners shall execute a 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 appear before the investigating officer in Crime No.957 of 2022 of Chavakkad Police Station, Thrissur on all Saturdays at 11.00 a.m. till the filing of charge sheet.

(iii) They shall not leave the State of Kerala without getting prior permission from the jurisdictional court.

(iv) They shall not attempt to interfere with the investigation or to influence any witness in the abovesaid crime.

(v) They shall not involve in any other crime while on bail.

If any of the aforesaid conditions are violated, the investigating officer in Crime No.957 of 2022 of Chavakkad Police Station, Thrissur may file an application before the jurisdictional court, for cancellation of bail.