Thajudeen, S/o Salim vs State Of Kerala

Viju Abraham, J.

This is an application for regular bail.

Petitioner is the 1st accused in the Crime No.385of 2022 of Ayiroor Police Station registered alleging commission of offences punishable under Sections 143, 147, 148, 149, 294(b), 341, 323, 324, 506(1) and 308 of the Indian Penal Code.

The prosecution case is that on 26.05.2022 at 7.00 p.m.all the accused have in furtherance of their common intention attacked the defacto complainant armed with deadly weapons with full knowledge that the same may cause his death. The petitioner/accused slapped on the back side of the defacto complainant and pull down him to the sludge. After that he fisted the defacto complainant and hit him with a stone on his head and the same may cause his death. The accused had uttered obscene words also to him and thereby committed the abovesaid offences. Petitioner was arrested in connection with the crime on 27.05.2022 and is in custody since then.

Heard the learned counsel for the petitioner and the learned Public Prosecutor.

Learned counsel for the petitioner submitted that the petitioner is falsely implicated in the case and he has no other antecedents. Learned counsel further submitted that the injury happened only during a scuffle between the defacto complainant and the petitioner over a boundary dispute and the injury was caused only by falling on a rough place and that no stone was used as alleged.

The learned Public Prosecutor opposed the bail application. Having regard to the facts and circumstances of the case and considering the nature of the allegations and the fact that the petitioner is in custody from 27.05.2022 onwards and he has no other criminal antecedents, I am inclined to grant bail to the petitioner on the following conditions:

(i) The petitioner shall execute a bond for Rs.50,000/-(Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional court;

(ii) He shall appear before the investigating officer in Crime No.385 of 2022 of Ayiroor Police Station on every Saturday at 11.00 am, until filing of final report.

(iii) He shall not attempt to interfere with the investigation or to influence any witness.

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

If any of the aforesaid conditions are violated, the investigating officer in Crime No.385 of 2022 of Ayiroor Police Station may file an application before the jurisdictional court, for cancellation of bail.