Manikandan And Anr vs State Of Kerala

The applicants are accused Nos. 1 and 2 in Crime No.862/2020 of Medical College Police Station, Thrissur District, for having allegedly committed offences punishable under Sections 341,324 and 308 read with Section 34 of the I.P.C.

The prosecution case in brief is that, on 12-11-2020, at about 11.45 p.m., the accused in furtherance of common intention to assault the defacto complainant, wrongfully restrained him and his friend Selbin, while they were riding on a motorcycle. And thereafter, beat them with hands and also used a torch and caused a lacerated wound on the scalp of the defacto complainant which could have proved fatal, and thus attempted to commit culpable homicide. The applicants state that they are innocent and the allegations are not true. They are lorry drivers engaged in septic tank cleaning.

There was an ongoing rivalry between two gangs employed in the same profession. And it led to various cases. The applicants were also injured in the process and a case has been registered against the defacto complainant and others as Crime No. 861/2020 for an incident that took place on the same day for offences punishable under Sections 143, 147, 341,323,324 and 308 read with Section 149 of the I.P.C. The applicants state that they do not have any criminal antecedents and that they may be released on bail since recovery is already completed and no purpose will be served by detaining them for any longer.

I have heard the learned counsel appearing for the applicants and also the learned Public Prosecutor.

The learned Public Prosecutor submits that the 1st accused is involved in another crime for having allegedly committed offence punishable under Section 307 (1) of the I.P.C. The 2nd accused has two crimes registered against him.

One of which is for bailable offence while the other is for offence under Section 307 I.P.C. The injury sustained to the defacto complainant in this case is not very grave. The weapon that is recovered is a torch and a lacerated wound was caused on the scalp. No injury is seen caused with a

sword. And, hence, I find that the applicants are entitled to be released on bail on stringent conditions.

In the result, the application is allowed and the applicants are directed to be released on bail on execution of bonds for Rs.50,000/- (Rupees Fifty thousand only) each with two solvent sureties each for the like amount to the satisfaction of the jurisdictional court and on the following further conditions:

(i) They shall not get involved in any similar offences during the currency of the bail period.

(ii) They shall appear before the Investigating Officer on all Saturdays between 9.00AM and 12.00PM for a period of 3 months or till filing of the final report whichever is earlier.

(iii) They shall not tamper with evidence or influence witnesses.

Breach of any of the bail conditions would entail in cancellation of bail, application for which can be moved by the prosecution before the jurisdictional court.