Vivek vs State Of Kerala

K.Haripal, J

These are applications filed under Section 439 of the Cr.P.C. by the 2nd and 1st accused respectively in Crime No. 203 of 2021 of Vazhakkad

police station in Malappuram district. The crime was registered alleging offence punishable under Sections 143, 147, 148, 341, 323, 324, 326, 506,

294(b) read with Section 149 of the IPC.

It is alleged that the accused are two amongst 10 persons. It is alleged, accused Nos. 1 to 3 and 7 identifiable persons formed an unlawful assembly

and in prosecution of their common object, armed with dangerous weapons assaulted and injured the defacto complainant and caused him grievous

hurt. It is reported that his nasal bone was fractured in the attack using an iron rod, that iron rod was used by the 1st accused.

I heard the learned counsel on both sides.

The 2nd accused was arrested on 30-7-2021, whereas the 1st accused was arrested on 06-08-2021.

The learned Public Prosecutor has submitted that the 2nd accused has three criminal antecedents. In all those cases he is on bail. Now, the weapon

used by the 1st accused has already been recovered and therefore, further detention of the petitioners is not warranted.

Therefore, the petitioners shall be released on bail on the following conditions:-

i) Petitioners shall execute bond for Rs.50,000/-(Rupees Fifty Thousand only) each with two solvent sureties each for the like sum to the satisfaction of the

jurisdictional court;

ii) They shall not try to contact or influence the witnesses or tamper with the evidence;

iii) They shall not leave the country without permission of the jurisdictional court;

iv) They shall not involve in any crime during the period on bail;

v) They shall appear before the Investigating Officer/ trial Court as and when required;

vi) Petitioners shall strictly abide the various guidelines issued by the State and Central Governments with respect to keeping of social distancing in the wake of

Covid 19 pandemic;

vii) If any of the above conditions are violated by the petitioners, the jurisdictional court will be a liberty to cancel the bail, in accordance with law.

Bail Applications are allowed as above.