Vishnulal Alias Lalu vs State Of Kerala

Shircy V, J

Application for regular bail.

The petitioner is the 1st accused in Crime No. 3 of 2021 of Kodakara Police Station, Thrissur District registered for the offences punishable under

Sections 341, 323, 324, 308, 448, 143, 149 and 149 of the Indian Penal Code.

It is the case of the prosecution that on 01.01.2021 at about 9 p.m., this petitioner along with the other accused persons have formed themselves

into an unlawful assembly in prosecution of the common object to attack the defacto complainant, wrongfully restrained him and manhandled him and

caused injuries by using dangerous weapons such as chopper, sword etc. and thereby committed culpable homicide.

The petitioner has been in custody since 01.06.2021.

The learned counsel for the petitioner has submitted that he is totally innocent of the allegations levelled against him and he has been falsely

implicated in the case by the defacto complainant who is the accused in Crime No. 148 of 2021 for having attempted to commit murder. The petitioner

is totally innocent. But he has been falsely implicated at the instigation of the defacto complainant. So, he is undergoing unnecessary incarceration

since 01.06.2021.

The learned Public Prosecutor has submitted that the investigation of the case is well in progress. It is also submitted that the petitioner is involved

in five other cases registered before the very same police station.

It is true that the petitioner is involved in five other cases. But in this crime, regular bail has already been granted to all the other accused persons by

this court as early as on 09.04.2021. Now the investigation of the case is almost complete and recovery of the material objects used by the accused

persons to inflict injuries on the defacto complainant have been effected. It is also to be noted that this petitioner has been attacked by the defacto

complainant and another case been registered against the defacto complainant under Section 307 of the Indian Penal Code and both the cases are

under investigation.

Considering the fact that investigation has progressed considerably and bail has been granted to the other accused, I think that this application can

also be considered favourably imposing stringent conditions.

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. One surety shall be a close relative of the petitioner.

(ii)The  petitioner  shall  appear  before  the Investigating Officer on every Friday between 11 a.m. and 12 noon till the filing of the final report.

 (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. Â

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

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