Vishnu Saresh vs State Of Kerala

Viju Abraham, J

Petitioner is the 4th accused in Crime No.312/2022 of Kattoor Police Station, alleging commission of offences punishable under Sections 341, 323, 324, 392, 294(b), 506, 307 r/w er of the Indian Penal Code.

The prosecution allegation is that on 29.03.2022 at 11.00 am, the accused in the case who are 4 in number along with a juvenile in conflict with law took the defacto complainant to a property near market at Kattoor and attacked the defacto complainant by dangerous weapons of face and voluntarily caused hut to him. It is alleged that the accused attempted to commit the murder of the defacto complainant and thereby the petitioner committed the aforesaid offence.

Learned counsel for the petitioner submitted that petitioner is innocent of the charges against him and he has been falsely implicated in the above crime and that he is aged only 18 years and no other criminal antecedents. He is in custody from 03.05.2022 onwards. Learned counsel also contended that alleged incident occurred on 29.03.2022 and the FIR was registered only on 01.05.2022.

Learned Public Prosecutor seriously opposed the bail application and submitted that the investigating officer received a video clip showing the alleged incident and on the said basis, crime was registered on 01.05.2022. Learned Public Prosecutor also submitted that the petitioner has no other criminal antecedents and that overtact alleged against him is that he is attacked the defacto complainant with his hands.

Having regard to the facts and circumstances of the case, considering the nature of the allegations and considering the fact that the petitioner is in custody from 03.05.2022 onwards, and further that the petitioner is aged only 18 years and has no criminal antecedents, I am inclined to grant bail to the petitioner subject to stringent conditions.

In the result, the bail application is allowed. It is directed that the petitioner shall be released on bail, subject to the following conditions:

(i) The petitioner shall execute bond for a sum of Rs.50,000/-(Rupees fifty thousand only) with two solvent sureties each for the like-sum to the satisfaction of the jurisdictional court;

(ii) Petitioner shall appear before the investigating officer in Crime No.312/2022 of Kattoor Police Station, as and when called for.

(iii) The petitioner shall not attempt to interfere with the investigation or to influence or intimidate the defacto complainant or any witness in Crime No.312/2022 of Kattoor Police Station.

(iv) The petitioner shall not involve in any other crime while on bail.

If any of the aforesaid conditions are violated, the investigating officer in Crime No.312/2022 of Kattoor Police Station, may file an application before the jurisdictional court, for cancellation of bail.