Vipin And Ors vs State Of Kerala

The applicants are accused 1 to 3 and 5 in Crime No.2776/2020 of Kundara Police Station, Kollam, for having allegedly committed offences

punishable under Sections 143, 147, 148, 294(b), 323, 324, 308 r/w Section 149 of the IPC.

The prosecution case, in brief, is that on 10.11.2020 at about 4 p.m, the accused persons who were members of an unlawful assembly, in the

prosecution of the common object of the unlawful assembly, hurled abuses at the de facto complainant and assaulted him by means of dangerous

weapons like a wooden plank and attempted to hit him on his head, which he evaded. Thus, the accused persons attempted to commit culpable

homicide not amounting to murder. Accused Nos.4 and 5 had allegedly kicked the de facto complainant on the chest and abdomen when he had fallen

down. It was the 2nd accused who had attacked him with a plank. No other weapons have been used.

The applicants submit that they do not have any criminal antecedents. The 4th accused has already been granted bail. The applicants were arrested

on 14.11.2020 and prayed that they may be granted bail.

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

The applicants admittedly do not have any criminal antecedents. It was the 2nd accused who used the wooden plank and that was the only weapon

used and no injury was caused because of that. The de facto complainant has only sustained some aberrations and tenderness and no serious injuries

were caused. Under the circumstances, I find that further incarceration of the applicants may not be necessary.

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

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

conditions;

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

They shall not attempt to influence or intimidate the witnesses.

They 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.