Suresh vs State Of Kerala

Viju Abraham, J

This is an application for Regular Bail.

The petitioner is the 3rd accused in Crime No.80/2022 of Mannancherry Police Station, Alappuzha alleging commission of offences punishable under Sections 452, 294(b), 506(ii), 341, 323, 324 and 307 r/w Section 34 of the IPC.

The prosecution allegation is that, the accused Nos.1 to 3 due to their animosity towards one Santhosh, a friend of the de facto complainant, with their common intention to kill him, on 26.01.2022 at 3.45 PM, reached in a scooter and criminally trespassed into the engineering workshop of the aforesaid Santhosh with deadly weapons like sword, wrongfully restrained him and abused and threatened him. Thereafter, the first accused inflicted a cut injury to the above Santhosh with a sword and the third accused hold around him tightly for aiding the accused Nos.1 and 2 to attack him and they cut him several times, causing injuries on his both hands and head and thereby they have committed the aforesaid offences.

The learned counsel for the petitioner submitted that, even as per the case of the prosecution, serious overt acts are alleged against the 1st accused who inflicted the injuries on the body of the victim and that the only allegation against the 3rd accused/petitioner is that he assisted him by holding him. It is further submitted that, the petitioner is in custody for more than 140 days.

The learned Public Prosecutor seriously opposed the application for bail, stating that the injuries are very severe and that the petitioner has other criminal antecedents, and also submitted that the final report is already filed and the crime is already committed to the Sessions Court for trial.

Having regard to the facts and circumstances of the case, taking into consideration the fact that the petitioner is in custody from 27.01.2022 onwards and the charge sheet has already been laid and that the serious overt act is alleged against the 1st accused., I am inclined to grant bail to the petitioner and it is ordered that the petitioner shall be released on bail on the following stringent conditions:

(i) The petitioner shall execute bond for a sum of 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) The petitioner shall not attempt to interfere with the investigation or to influence or any witness in Crime No.80/2022 of Mannancherry Police Station, Alappuzha;

(iii) The petitioner shall surrender his passport before the jurisdictional court. If the petitioner does not have a passport, he shall execute an affidavit to that effect and file the same before the said court within seven days of release on bail;

(iv) The petitioner shall not involve in any other crime while on bail.

(v) The petitioner shall not enter into the jurisdictional limit of the Police Station where the victim resides until completion of the trial of the case, except for complying with any of the directions issued by the court and to attend any proceedings before the court.

If  any  of  the  aforesaid  conditions  are  violated,  the investigating officer in Crime No.80/2022 of Mannancherry Police Station, Alappuzha may file an application before the jurisdictional court, for cancellation of bail.