Sumesh K.V. vs State Of Kerala

K. Haripal, J

Petitioners are accused Nos.4 to 6 in crime No.372/2021 of Bekal police station, Kasaragod. That crime was registered on the basis of an incident

that had happened at 5.30 pm on 27.06.2021 alleging offence under Sections 143, 147, 148, 341, 324 and 326 r/w Section 149 of the IPC. The

petitioners were arrested for the case on 01.07.2021 and since then are in judicial custody.

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

The learned counsel for the petitioners submits that there is a counter case as crime No.370/2021 of the very same police station in which also

offence under Sections 143 series and 326 and 427 r/w 149 of IPC is invoked and that in that crime, the defacto complainant is the second accused

who had sustained grievous injuries. According to the learned counsel, the second accused has already moved separate application seeking pre-arrest

bail. Further, it is submitted that the petitioners do not have any criminal antecedents to their credit.

The learned Public Prosecutor has submitted that the defacto complainant and others were attacked and injured by accused Nos.1 to 6 and six

other identifiable persons, that except the petitioners no one has been arrested. He also testified about crime No.370/2021 in which the petitioners 1

and 3 had used an iron rod and wooden stick respectively, which resulted in causing fracture of ulna bone of the defacto complainant. The learned

Public Prosecutor has submitted that the iron rod and wooden stick have already been recovered. He also endorsed the submission that the petitioners

do not have any criminal antecedents.

After considering the updates in investigation, it does not seem that the continued detention of the petitioners who are in custody for more than 31

days, is warranted. They shall be released on bail, on the following conditions:-

i) The petitioners shall execute 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 not try to contact or influence the witnesses or tamper with evidence;

iii) shall not leave the country without permission of the jurisdictional court;

iv) shall not involve in any crime during the period on bail;

v) shall appear before the investigating officer/committal court/trial court as and when required;

vi) shall strictly abide 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.

This bail application is allowed as above.