Surendran vs State Of Kerala

Viju Abraham, J.

This is an application for regular bail.

Petitioners are accused Nos.1 and 2 in Crime No.550 of 2022 of Mannarkkad Police Station, Palakkad registered alleging commission of offences punishable under Sections 326 and 307 read with Section 34 of the Indian Penal Code.

The allegation of the prosecution is that on 17.08.2022 at 20.00 hours at Kacheriparambu, the accused with an intention to murder the defacto complainant wrongfully restrained him and the 1st accused caused an injury on his head with a sharp edged weapon and had also beaten him with a wooden stick. The 2nd accused used an iron rod and assaulted him, thereby causing fractures on his head and right wrist. Thus the accused have committed the abovesaid offences.

The petitioners submit that they have been falsely implicated in the abovesaid crime. 2nd petitioner is the son of 1st petitioner's brother and he is a 2nd year B.Com student. The alleged place of occurrence is in front of the petitioners' house. On the alleged day the defacto complainant tried to attack the 1st petitioner and on seeing this, mother of the 2nd petitioner intervened and then he attacked the mother of the 2nd petitioner and assaulted the 1st petitioner also. It is submitted that the injury if any sustained by the defacto complainant is only a result of the scuffle and the allegation of using weapons is false. In fact the defacto complainant is the actual aggressor. The mother of the 2nd petitioner has filed a complaint before the Mannarkkad Police in connection with the above incident and Crime No.561 of 2022 was registered by the Mannarkkad Police against the defacto complainant. Petitioners submit that much before the above incident, complaints have been preferred by the petitioners against the defacto complainant. Petitioners further submit that they are in custody from 10.10.2022 and the investigation has progressed considerably and therefore their continued detention is not required for the purpose of investigation.

Learned Public Prosecutor seriously opposed the application for bail mainly contending that the defacto complainant was attacked by the petitioners in connection with a pathway dispute and the defacto complainant has sustained serious injuries including multiple fractures. Learned Public Prosecutor upon instructions further submitted that the petitioners have no other criminal antecedents.

Considering the facts and circumstances of the case and the fact that the petitioners are in custody from 10.10.2022 onwards and also taking note of the fact that the petitioners have no other criminal antecedents, I am inclined to grant bail to the petitioners. In the result, the bail application is allowed. It is directed that the petitioners shall be released on bail subject to the following 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.550 of 2022 of Mannarkkad Police Station, Palakkad on all Saturdays at 11.00 a.m. until final report is filed.

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

(iv) 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.550 of 2022 of Mannarkkad Police Station, Palakkad may file an application before the jurisdictional court, for cancellation of bail.