Purushothaman vs State Of Kerala

Viju Abraham, J

This is an application for regular bail.

The petitioners are accused Nos.3 and 4 in Crime No.1289 of 2021 of Vadakkencherry Police Station, Palakkad for the offences punishable under Sections 143, 147, 148, 341, 324, 307 and 506 read with Section 149 of the Indian penal Code. Now the case is pending as C.P.No.30 of 2022 on the file of the Judicial First Class Magistrate Court-I, Alathur.

The prosecution case is that on 14.12.2021, at 7.45 P.M., at Palayammukku accused Nos.1 and 2 attacked the defacto complainant with deadly weapons such as sword stick and attempted to commit his murder.

Learned counsel for the petitioners submits that the petitioners are totally innocent of the charges levelled against them. No specific overt acts are also alleged. Learned counsel also submits that final report is already laid. On receiving summons, accused Nos.1 and 2 appeared before the court below. Non bailable warrant was issued against them by the court below. On 29.07.2022, the petitioners represented through counsel and filed vakalath along with an application to condone their absence on that day. The trial court dismissed the application and a non bailable warrant was again issued against them. In the said circumstances, the petitioners filed Crl.M.C.No.5593 of 2022 before this Court and this Court vide Annexure 1 order dated 06.09.2022 disposed of the Crl.M.C. directing the petitioners to surrender before the court below and the trial court has directed to consider the Bail Application in the light of the decision reported in Aman Preet Singh v. CBI through Director in Crl.Appeal No.929/2021 and Radhakrishnan v. State of Kerala reported in 2021(2) KLD 581.

Pursuant to Annexure 1 order, the petitioners surrendered before the trial court on 20.09.2022 and moved an application for bail as Criminal Miscellaneous Petition No.2425 of 2022 before the Judicial First Class Magistrate Court-I, Alathur. It was rejected by the court as per Annexure 2 order. The petitioners have a specific case that originally the FIR was lodged on 14.12.2021 against one Vinod, Sivadas and five other identifiable persons. Thereafter Annexure 4 report was filed by the Investigating Officer stating that only accused Nos.1 and 2 are involved in the alleged offences and requested to remove the other accused from the party array and subsequently final report was laid on 25.05.2022 before the court below. Surprisingly, on the very same day, the Investigating Officer filed Annexure 5 report before the court below seeking to array the petitioners herein as accused Nos.3 and 4. It is submitted that since charge sheet is laid and accused Nos.1 and 2 are already released on bail, their continued detention is not required.

Learned Public Prosecutor submitted that the charge sheet is already laid. It is also submitted that the report arraying the petitioners as accused was filed before the trial court on the same day on which date the final report was laid. The learned Public Prosecutor further submits that the petitioners are involved in another crime as Crime No.30 of 2014 of Alathur Police Station for the offence punishable under Section 302 IPC.

Taking into consideration the fact that the charge sheet is already laid and accused Nos.1 and 2 are already released on bail, I am inclined to grant bail to the petitioners subject to stringent conditions. In the result, the Bail Application is allowed and it is ordered that the petitioners shall be released on bail subject to the following conditions :

(i) The petitioners shall execute bond for a sum of 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 petitioners shall not attempt to interfere with the investigation or to influence any witnesses in Crime No.1289 of 2021 of Vadakkencherry Police Station ;

(iii) The petitioners shall not involve in any other crime while on bail.

(iv) The petitioners shall appear before the trial court on all the postings of the case except on medical grounds.

If any of the aforesaid conditions are violated, the Investigating Officer in Crime No.1289 of 2021 of Vadakkencherry Police Station may file an application before the jurisdictional court, for cancellation of bail.