Thanseer vs State Of Kerala

Application for regular bail under Section 439 Cr.P.C.

The applicant is the fourth accused in Crime No.1054/2020 of Vadanappally Police Station, Thrissur, for having allegedly committed offences

punishable under Sections 323, 324, 326, 294(b), 427 r/w Section 34 of the IPC.

The prosecution, case, in brief, is that on 08.10.2020 at about 7 p.m, the applicant in furtherance of common intention with the other three accused,

owing to the previous enmity towards the de facto complainant, attacked him with dangerous weapons like iron block, GI pipe etc. and caused

grievous injuries to him. They also hurled abuses at him and committed mischief by causing damage to his mobile phone worth Rs.6,000/-.

The applicant states that the allegations are not true and the de facto complainant is a notorious criminal, against whom even proceedings under

Section 107 of the Cr.P.C has been initiated and that it was a confrontation between two gangs and the applicant was not directly involved in the

alleged crime. Since the recovery of the weapon is already completed, he has not caused any grievous injury. The grievous injury is allegedly caused

to the eye of the de facto complainant which was the result of the first accused hitting him with the iron block. The other accused had attacked with

hands. The applicant therefore prays that he may be released on bail. He has also produced his cousin's wedding card to indicate that his presence is

required for that function.

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

The learned Public Prosecutor submits that the applicant is a person having criminal antecedents. He is involved in an NDPS case and therefore

there is every possibility that in case he is released on bail, he may get involved in offences of similar nature. The bail application is therefore opposed.

The learned counsel for the applicant in answer submits that the applicant was involved in another crime under the NDPS offence, but that was for

small quantities in which he was granted bail from the station itself and that apart he does not have any other criminal antecedents.

Considering the entire facts and circumstances of this case, I find that the recovery of the weapon is already completed, and the weapon he had

used is a GI pipe with which he had not caused any grievous hurt. The applicant was arrested on 10.11.2020 and has been in custody for some time.

Hence, the application is allowed. The applicant is directed to be released on bail on the execution of a bond for Rs.50,000/- (Rupees Fifty thousand

only) with two solvent sureties for the like amount each to the satisfaction of the jurisdictional court and on the following conditions;

He shall appear before the investigating officer as and when called for.

He shall not attempt to influence or intimidate the witnesses.

He shall not get involved in similar offences during the currency of the bail.

In the event of violating the bail conditions, the prosecution shall be at liberty to apply for cancellation of bail before the jurisdictional court.