Muhammed Shahid vs State Of Kerala

Mohammed Nias C.P, J.

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

The petitioner is the 2nd accused in Crime No. 955 of 2022 of Mannuthy Police Station, Thrissur District, for having committed offences punishable under Sections 341, 323, 324, 308 and 427 read with Section 34 of the Indian Penal Code.

The prosecution case is that, on 01.12.2022 at about 1.15 p.m., the petitioner, along with other accused persons, wrongfully restrained and inflicted voluntary hurt upon the defacto complainant with dangerous weapons like PVC pipe and wooden logs at the public road in front of Kura Club at Nellikunnu, and thereby caused serious injuries to him. Thus, the petitioner and the other accused are alleged to have committed the offences mentioned above.

The learned counsel appearing for the petitioner would say that the petitioner is totally innocent and falsely implicated with ulterior motives. At any rate, he points out that the petitioner is in custody from 19.06.2023, and continued custody of the petitioner is unnecessary.

The learned public prosecutor opposed the petition and pointed out that the petitioner is not entitled to get bail.

After having considered the submissions of the learned counsel for the petitioner and the learned Public Prosecutor, considering the wound certificate and also the allegation against the petitioner of having caused injury using a wooden log, the fact that the petitioner is in custody from 19.06.2023 and also since there is no apprehension raised by the prosecution that if he is released on bail the petitioner is likely to abscond, I hold that bail can be granted to the petitioner, though there are seven antecedents against the petitioner. It is also pointed out that an order has been passed on 12.05.2023 under Section 15(1)(a) of the KAAPA Act, 2007.

Accordingly, bail is granted to the petitioner subject to the following conditions:

(i) The petitioner shall be released on bail on executing a 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) The petitioner shall report before the Investigating Officer as and when required to do so.

(iii) The petitioner shall not tamper or attempt to tamper with the evidence or influence or try to influence the witnesses.

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

(v) The petitioner shall surrender his passport, if any, within seven days from the date of his release before the Court concerned, and if the release of the passport is required at a later period, the petitioner shall be at liberty to move an appropriate application for the same before the court having jurisdiction. If he has no passport, he shall file an affidavit to that effect before the court concerned on the date of execution of the bond or within three days thereafter.

(vi) The petitioner shall not enter the limits of Thrissur district for a period of six months.

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

This order shall not prevent the authorities from enforcing the order passed under the KAAPA Act.