Thankappan vs State Of Kerala

Mohammed Nias C.P., J

This application is filed under Section 439 of the Code of Criminal Procedure seeking regular bail.

The petitioners are accused Nos.1 to 3 in Crime No.986/2023 of Nemmara Police Station, Palakkad district, for having committed offences punishable under Sections 324, 307 r/.w 34 of the Indian Penal Code.

The prosecution case is that on 18.11.2023 at 10.45 p.m., while the defacto complainant and his friend were riding on a motorcycle, A1’s dog jumped across their motorcycle, and the defacto complainant questioned the accused. Infuriated by this, A1, with the intention to commit murder of the defacto complainant and his friend Abid, chopped them. In the same transaction, A2 and A3 beat on the various parts of their body with an iron rod. A4 to A6 hit them with stone and inflicted injuries. The accused thereby committed the aforesaid offences.

The learned counsel appearing for the petitioners would say that the petitioners are innocent and falsely implicated with ulterior motives. At any rate, he points out that the petitioners are in custody from 19.11.2023, and continued custody of the petitioners is unnecessary.

The learned Public Prosecutor opposed the petition.

After having considered the submissions of the learned counsel for the petitioners and the learned Public Prosecutor and considering the wound certificate and the fact that there is a case and counter case with respect to the same incident and the defacto complainants herein who were accused in the counter-case have already granted bail by the court below, and there are no antecedents reported against the petitioners, and there is no apprehension raised by the prosecution that if released on bail, the petitioners are likely to abscond, I hold that bail can be granted to the petitioners.

Accordingly, this application is allowed, and the petitioners are granted bail subject to the following conditions:-

1.The petitioners shall be released on bail on executing 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;

2.They shall appear before the Investigating Officer every Saturday between 9 a.m. and 11 a.m. for three months and thereafter when directed to appear.

3.They shall not intimidate or attempt to influence the witnesses, nor shall they tamper with the evidence or do anything that might adversely affect the trial;

4.They shall not commit any offence while on bail;

5.They shall not leave the State of Kerala without the permission of the Court having jurisdiction;

6.They shall surrender their passports before the trial court within a week. If the release of the passport is required later, the petitioners shall be at liberty to move an appropriate application for the same before the Court having jurisdiction.

7.They shall furnish their present addresses along with their mobile phone numbers to the court concerned as well as to the Investigating Officer.

In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation of bail and pass appropriate orders in accordance with law.