Vipin vs State Of Kerala

Shircy V, J

The petitioner, who is the 4th accused in Crime No. 1163 of 2021 of North Paravur Police Station registered for the offences punishable under Sections 120B, 212, 307 read with 34 of Indian Penal Code, Section 3 of the Explosive Substances Act and Section 5 read with Section 27 of the Arms Act has moved this application for his release on bail under Section 439 of the Code of Criminal Procedure.

The petitioner has been in custody since 29.10.2021.

The prosecution case in brief is as follows:

The petitioner as well as accused Nos. 1 to 3 were entertaining enmity towards one Sarath, the brother of the defacto complainant. Because of their enmity, with the intention to cause his death, on 24.10.2021 at about 10.30 p.m. accused Nos. 1 to 3 came to the spot in the car driven by the petitioner.

Accused Nos. 1 to 3 had thrown some explosive substance towards the brother of the defacto complainant and thereafter they have hacked him with a sword with the intention to cause his death. A friend of the defacto complainant who was along with him had also sustained injuries in the attack and thereby they have committed the aforesaid offences.

The learned counsel for the petitioner submits that this petitioner is totally innocent of the allegations levelled against him. He has no participation in the alleged incident and that is clear from the prosecution case itself. But he is undergoing incarceration since the date of his arrest.

The learned Public Prosecutor has refuted the claim raised by the petitioner and contended that in fact accused Nos. 1 to 3 have attacked the brother of the defacto complainant with deadly weapons and they have also used explosive substances so as to endanger his life. This petitioner has brought accused Nos. 1 to 3 to the spot in his car and he waited somewhere near the spot and accused Nos. 1 to 3, after committing the offences left the place in the very same car. The learned Public Prosecutor has also pointed out that this petitioner is having criminal antecedents as he is involved in another case registered for the offences under Sections 307 and 395 of the Indian Penal Code.

The wound certificate of Sarath, the injured, would show that he sustained very serious injuries in the attack by the accused. Immediately after the incident he was rushed to the Government Hospital, North Paravur. As the injuries sustained by him are grave and serious, he was referred for better management to the Medical College Hospital, Thrissur. There, he had undergone a surgery and he had to remain in the hospital for several days. The treatment records would show that the injuries were caused by the accused with the intention to cause his death. It is true that this petitioner has not inflicted any injury on the injured or his friend at the time of the incident. But he was aiding the other accused persons to commit the brutal attack on the brother of the defacto complainant and his friend.

Accused No.1, who is involved in five other crimes of similar nature along with the other accused, fled away from the spot after committing the offences in the very same vehicle driven by this petitioner.  So, this petitioner is also having participation in the alleged incident, i.e., to cause injuries to the injured and the other person.  But still, considering the fact that he has not used any weapon so as to attack the injured at the relevant time along with accused Nos. 1 to 3, I think that his request for bail can  be  considered  favourably,  though  he  is  having  criminal antecedents. Hence, I am inclined release him on bail.

Therefore, this application is allowed subject to the following conditions:

(i) The petitioner shall be released on bail on his executing a bond for a sum of Rs.1,00,000/- (Rupees One lakh only) with two solvent sureties for the like sum each to the satisfaction of the court having jurisdiction.

(ii) The petitioner shall appear before the Investigating Officer on alternate Mondays between 10.30 a.m. and 12 noon for a period of three months or till the filing of the final report, whichever is earlier.

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

(iv) The petitioner shall not commit any offence while on bail.

In case of violation of any of the above conditions, the jurisdictional court is empowered to cancel the bail in accordance with the law.