Sunil @Suni vs State Of Kerala

These are applications for regular bail filed u/s 439 of Code of Criminal Procedure by accused Nos.1 to 4.

The petitioner in B.A.No.2983/2021 is the 4th accused and the petitioners in B.A.No.2984/2021 are accused Nos.1 to 3 in Crime No.57/2021 of Areakode Police Station. The offences alleged are under Sections 294(b), 341, 323, 324, 326, 307, 506(ii) read with 34 of the IPC.

The prosecution case in short is that on 28.02.2021 at about 10.30 p.m., while the defacto complainant and his friend were travelling in a motorcycle and when they reached at Anaprachal in Kavanur amsom, accused Nos.1 and 2 were found standing there and on seeing the defacto complainant, the accused No.1 with an intent to commit a criminal offence, uttered and abused obscene words towards the defacto complainant and wrongfully restrained him. At that time, accused Nos.3 and 4 reached there and the accused No.4 handed over a knife to the accused No.1 and accused No.3 screamed to kill him. Then the accused No.1 stabbed the defacto complainant who sustained injuries on his head, face and other parts of the body. The defacto complainant was taken to the Medical College Hospital at Manjeri and he was treated there as in-patient. Thus, the accused committed the offence.

The defacto complainant entered appearance through counsel and produced certain documents. Heard the learned counsel for the petitioners, the learned counsel for the defacto complainant as well as the learned Public Prosecutor.

The learned counsel for the petitioners submitted that the petitioners are absolutely innocent and they have been falsely implicated in the present case. He further submitted that there are no materials to connect the petitioners with the alleged crime and hence they are entitled to get bail. The learned Public Prosecutor opposed the bail application. He contended that the alleged incident occurred as a part of the intentional criminal acts of the petitioners and if the petitioners are released on bail at this stage, it would affect the course of investigation.

Perusal of the case diary would reveal that prima facie there are materials on record to connect the petitioners with the crime. The petitioners in B.A.No.2984/2021 were arrested on 01.03.2021 and the petitioner in B.A.No.2983/2021 was arrested on 26.03.2021. In view of the nature of the crime and the stage of investigation, I do not find any reason to hold that the continued detention of the petitioners is required for any purpose. The investigation seems to have reached a fair stage. The recovery has already been effected. For all these reasons, the petitioners are entitled to be released on bail on conditions.

In the result, these applications are allowed on the following conditions:-

(i) The petitioners shall be released on bail on executing a bond for Rs.1,00,000/- (Rupees One lakh only) each with two solvent sureties for the like sum each to the satisfaction of the jurisdictional Magistrate/Court.

(ii) The petitioners shall fully co-operate with the investigation.

(iii) The petitioners shall appear before the investigating officer between 10.00 a.m and 11.00 a.m on every Saturday until further orders. The petitioners shall also appear before the investigating officer as and when required by him.

(iv) The petitioners shall not commit any offence of like nature while on bail.

(v) The petitioners shall not make any attempt to contact any of the prosecution witnesses, directly or through any other person, or any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation.

(vi) The petitioners shall not leave State of Kerala without the permission of the trial Court.