Tomy Joseph And Ors vs State Of Kerala

The applicants are accused Nos. 1, 3 and 5 in Crime No.1021 of 2020 of Gandhinagar Police Station, Kottayam, for having allegedly committed

offences punishable under Sections 143, 147, 148, 294(b), 506 and 308 read with Section 149 of the IPC and Section 27(2) of the Arms Act. The

prosecution case, in brief, is this:

On 06.11.2020, at about 10.30 PM, near the house of the defacto complainant, the applicants and the other co-accused, formed an unlawful

assembly and in the prosecution of the common object of the unlawful assembly, they hurled abuses at the defacto complainant, committed riot, armed

with deadly weapons like sword-stick, intimidated the defacto complainant and attempted to commit culpable homicide. They were all arrested on

07.11.2020 and accused Nos. 2 and 4 were granted bail by the Sessions Court, while the bail application filed by the applicants was rejected for the

sole reason that they have criminal antecedents. It is stated that the 1st accused is involved in five crimes. The 3rd accused is implicated in four other

cases. While the 5th accused has two crimes registered against him. It is also submitted that the 1st accused has undergone detention under KAAPA.

Under the circumstances, the bail application filed by the applicants were rejected. The applicants state that in the present crime even though, the 1st

accused was wielding a sword-stick, there is no specific allegation that he had used that sword-stick to inflict any injury on the defacto complainant.

The only allegation is that he had swayed the sword in order to intimidate the defacto complainant. Hence, an offence under Section 308 IPC, for

attempted culpable homicide may not be attracted, is the submissions of the applicants. Hence, they submit that they may be granted regular bail.

Heard the learned counsel appearing for the applicants and the learned Public Prosecutor. The applicants have been in custody since 07.11.2020.

The applicants have not caused any hurt. Custodial interrogation is over and further incarceration of the applicants does not appear to be necessary. It

is true that all the applicants have criminal antecedents against them. But, that is no reason to incarcerate them in jail indefinitely. Stringent conditions

can be imposed.

In the result, the application is allowed and the applicants are directed to be released on bail on the execution of bonds for Rs.50,000/-(Rupees Fifty

thousand only), each with two solvent sureties, each for the like amount to the satisfaction of the jurisdictional court and on following further

conditions:

(i) They shall appear before the Investigating Officer on all Saturdays between 9.00 AM and 12.00 PM for a period of three months or till filing of the

final report whichever is earlier.

(ii) They shall surrender their passports before the Investigating Officer and if they do not have one, file an affidavit to that effect, which shall be

produced before the jurisdictional court and they shall not go abroad until permitted by the jurisdictional court.

(iii) They shall not intimidate or influence witnesses and tamper with evidence.

(iv) They shall not get involved in similar offences during the currency of the bail period.

In case of breach of any of the bail conditions, the prosecution shall be at liberty to apply for cancellation of the bail before the jurisdictional court.

The bail application is allowed.