Vijith V.S vs State Of Kerala

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

The applicant is the 8th accused in Crime No.1348/2020 of Malayinkeezh Police Station, for having allegedly committed offences punishable under Sections 120B, 143, 147, 148, 341, 294(b), 324, 427 and 307 r/w Section 149 of IPC and also under Section 27 of the Arms Act.

The prosecution case, in brief, is that on 15.08.2020 at about 6 p.m., accused Nos.1, 2 and 11 hatched a conspiracy to murder the de facto complainant by engaging a quotation gang for Rs 30,000/-, and a sum of Rs.10,000/- was given as an advance to the 11th accused who have made the arrangements. Consequent to that, they formed an unlawful assembly and in the prosecution of the common object of the unlawful assembly, they wrongfully restrained the de facto complainant, hurled abuses at him and attacked him with dangerous weapons like swords and stumps, caused grievous hurt to him and also damaged his mobile phone thereby committed mischief and attempted to commit murder.

The applicant states that he is a BBA student and has no criminal antecedents. He had approached this Court for anticipatory bail by filing B.A. No.8212/2020, the same was disposed of by this Court on 17.12.2020 directing the applicant to surrender before the investigating officer and apply for regular bail before the jurisdictional court. Accordingly, the applicant surrendered before the investigating officer on 30.12.2020 and also applied for regular bail, which was dismissed. Hence he has approached this Court for indulgence.

The applicant states that he has no criminal antecedents and there is nothing to be recovered from him. Custodial interrogation of the applicant is also not essential and hence no purpose would be served by further incarceration of the applicant.

After having heard the learned counsel for the applicant and the learned Public Prosecutor and perused the records, I find that the applicant has no criminal antecedents. He is a student. It is also indicated that the custodial interrogation of the applicant may not be required. Under the circumstances, 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, each for the like amount to the satisfaction of the jurisdictional court and on following conditions:-

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

(ii) He shall not tamper with evidence, intimidate or influence the witnesses.

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

In case of violation of any bail condition, the prosecution is at liberty to apply for cancellation of the bail before the jurisdictional court.