Vishnu Mohan vs State Of Kerala

Mohammed Nias C.P. J

This application is filed under Section 439 of the Code of Criminal Procedure, 1973, seeking regular bail.

Petitioners are accused Nos. 1 and 2 in Crime No. 620 of 2023 of Enathu Police Station, Pathanamthitta District, for having allegedly committed offences punishable under Sections 143, 147, 148, 294(b), 447, 341, 450, 324 and 307 r/w Section 149 of the Indian Penal Code.

The allegation against the petitioners is that, while the defacto complainant and his friend were sitting at his house on 07/08/2023, at around 22.30 hrs., they came in a car, and the 1st accused used abusive words against them, and he also exhorted other accused to attack the defacto complainant and his friend. Accused Nos.1 and 2 trespassed into the house of the defacto complainant with a dangerous weapon thereby, the defacto complainant sustained injury, and thereby, the petitioners committed the offence.

The learned counsel appearing for the petitioner would say that the petitioners are totally innocent and falsely implicated with ulterior motives. At any rate, he points out that the petitioners are in custody from 08/08/2023, and continued custody of the petitioner is unnecessary.

The learned Public Prosecutor opposed the petition and submitted that the injuries inflicted were serious in nature.

After having considered the submissions of the learned counsel for the petitioners and the learned Public Prosecutor, the accusations against the petitioners, the fact that they have been in custody since 08/08/2023, that there are no antecedents, that there is no apprehension raised by the prosecution that if released on bail, the petitioners are likely to abscond, I hold that bail can be granted to the petitioners. Accordingly, this application is allowed, and the petitioners are granted bail subject to the following conditions:-

The petitioners shall be released on bail on executing a bond for Rs.50000/- (Rupees Fifty thousand only) each with two solvent sureties each for the like sum to the satisfaction of the jurisdictional court;

The petitioners shall report before the Investigating Officer as and when directed;

The petitioners shall not tamper or attempt to tamper with the evidence or influence or try to influence the witnesses;

The petitioners shall not be involved in any other crime while on bail.

If any of the conditions are violated, the court concerned will be empowered to take steps for cancellation of bail as per law.