Nishad vs State Of Kerala

C.Pratheep Kumar, J

This is an application for regular bail filed by accused persons 3 and 5 in Crime No.320/2024 of Vadakkekkad Police Station, Thrissur. The offences alleged against the petitioners are under Sections 143, 147, 148, 341, 323, 324, 308 read with Section 149 of IPC.

The prosecution case is that, on 14.04.2024, at about 2 pm, the accused persons 1 to 5 formed themselves into an unlawful assembly with the common object of assaulting the defacto complainant and in prosecution of the common object wrongfully restrained the defacto complainant and voluntarily caused hurt to him using their hands and legs and also by using a helmet. It is also alleged that if the defacto complainant did not evade the blow inflicted by the third accused using the helmet, the same would have even resulted in his death. The petitioners were arrested on 15.04.2024 and since then they are in custody.

According to the learned counsel for the petitioners, the petitioners are innocent persons and that they were falsely implicated in this case. It was further contended that it was the defacto complainant along with his men attacked the petitioners and their friends and in that respect, Vadakkekkad Police registered Crime No.321/2024. Therefore, they prayed for allowing the bail application.

The application was opposed by the learned Public Prosecutor.

The petitioners produced copy of the F.I.R. in Crime No.321/2024 of Vadakkekkad Police Station, in which the first petitioner herein is the defacto complainant. As per the above F.I.R., on 13.04.2024, at about 1 am, accused persons 1 to 4 therein blocked the car of the defacto complainant and attacked the defacto complainant using knife. The offences alleged in Crime No.321/2024 are under Section 341, 324, 308 read with Section 34 of IPC.

On a perusal of the entire evidence available before me, it can be seen that there was clash between two groups with regard to the conduct of beach festival and persons from both sides sustained injuries. The police registered two crimes against both the groups.

Considering the fact that the first petitioner is a victim in Crime No.321/2024 and the petitioners are in custody since 15.04.2024, I am inclined to allow this bail application subject to the following conditions:-

(i) The petitioners are released on bail on executing bond for Rs.50,000/- (fifty thousand only) each with two solvent sureties each for the like sum to the satisfaction of the trial Court.

(ii) The petitioners shall report before the Investigating Officer on every Tuesday between 10.00 am and 11.00 am till the final report is filed or till the end of June, 2024, whichever is earlier.

(iii) The petitioners shall co-operate with the investigation. They shall not intimidate or influence the witnesses or tamper with the evidence.