Vinod K vs State Of Kerala

A.Badharudeen, J

This is a petition filed under Section 439 of the Code of Criminal Procedure, seeking bail and the petitioner is the 1st accused in crime No.1495/2022 of Kannur Town Police Station where accused alleged to have committed offences punishable under Sections 143, 147, 148, 341, 324, 326, 307 and 149 of IPC.

Heard the learned counsel for the petitioner as well as the learned Public Prosecutor. Perused the case diary and the materials placed by the learned Public Prosecutor.

The prosecution allegation is that, at about 11.30 pm on 18.12.2022, the accused formed themselves into an unlawful assembly armed with deadly weapons with knowledge that they are members of the said assembly and physically assaulted the defacto complainant and his friend and caused serious injuries to them, with intention to murder them.

It is pointed out by the learned counsel for the petitioner that, as per bail application No.573 of 2023, accused Nos.2 to 7 sought the relief of regular bail, this Court while granting bail to accused Nos.3 to 7, dismissed the bail plea of the 2nd accused, noting his criminal antecedents. Thereafter, this Court granted bail to the 2nd accused also vide B.A. No. 1041 of 2023 stating that, further detention of the 2nd accused in custody, is not warranted since the Final Report already filed.

The learned counsel for the petitioner submitted that, the petitioner has been in custody from 23.12.2022. Since all other accused were granted bail by this Court, the petitioner is also liable to be released on bail.

The learned Public Prosecutor opposed grant of bail to the petitioner, highlighting his criminal antecedents and the seriousness of the offences.

However, taking note of the fact that, the petitioner has been in custody from 23.12.2022 and the other accused persons were released on bail, further detention of the petitioner in custody, is not warranted since Final Report already filed, I am inclined to release the petitioner on bail. Accordingly, this petition stands allowed. The petitioner is enlarged on bail on conditions:

i. The petitioner shall be released on bail on his executing 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 concerned.

ii. The petitioner shall not intimidate the witnesses or tamper with evidence. He shall co-operate with the trial and shall be available for trial.

iii. The petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of this case, so as to dissuade him from disclosing such facts to the court.

iv. The petitioner shall not involve in any other offence during the currency of bail and any such event, if reported or came to the notice of this court, the same shall be a reason to cancel the bail hereby granted.