Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. FRIDAY, THE 25TH DAY OF AUGUST 2023 / 3RD BHADRA, 1945 CRIME NO.526/2023 OF PALLITHOTTAM POLICE STATION, KOLLAM PETITIONERS:
1 SHEFEEK AGED 24 YEARS S/O.SHOUKKATH, MANALIL HOUSE, ARA-35, KALLUMTHAZHAM CHERRY, KILIKOLLOOR VILLAGE, KOLLAM -691004 FROM NAUSHAD MANZIL, JRA -35, VALIYAKADA CHERRY, KOLLAM WEST VILLAGE, KOLLAM, PIN - 691001 2 NIJAS @ IJAZ AGED 31 YEARS S/O.NIZAM, SEENA MANZIL, SANTHINAGAR - 37, AYATHIL CHERRY, VADAKKEVILA VILLAGE, KOLLAM - 691010 FROM MUDISSERI PURAYIDAM, PALLITHOTTAM CHERRI, KOLLAM WEST VILLAGE, PIN - 691001 BY ADVS. K.SIJU ANJANA KANNATH
RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 2 STATION HOUSE OFFICER PALLITHOTTAM POLICE STATION, KOLLAM DISTRICT, PIN - 691006 BY ADV SMT.V.SREEJA-SR.PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ORDER
The petitioners are the accused Nos.2 and 4 in Crime No.526/2023 of Pallithottam Police Station, which was registered for the offences punishable under Sections 323, 326, 308 and 34 of IPC.
2. The prosecution case is that, on 15.07.2023, the
petitioners along with the other accused, assaulted the defacto complainant, with swords and iron rods thereby causing injuries to him. The crime was registered in such circumstances and as part of the investigation the petitioners were arrested on 18.07.2023. Since then they have been in judicial detention. This application for regular bail is submitted in such circumstances.
3. Heard Sri.K.Siju, learned counsel for the petitioners and Smt.Sreeja V., learned Public Prosecutor for the State.
4. I have carefully gone through the records. It is true that
there are certain allegations against the petitioners. The learned Public Prosecutor submitted that, both the petitioners were involved in another crime in which the offence under Section 302 of the IPC was incorporated. However, it is a fact that the petitioners have been in judicial detention since 18.07.2023 and more than a month has
elapsed. There is substantial progress in the investigation and necessary recoveries were already effected. In such circumstances, I do not find any necessity of further incarceration of the petitioners. Accordingly, this application is allowed and the petitioners are directed to be released on bail subject to the following conditions: i) The petitioners shall be released on bail on executing a bond for Rs.1,00,000/- (Rupees One Lakh only) each with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Court.
ii) The petitioners shall fully cooperate with the investigation. iii) The petitioners shall appear before the Investigating Officer between 10.00 a.m and 11.00 a.m on every Wednesday until the filing of final report. iv) The petitioners shall appear before the Investigating Officer as and when required. v) The petitioners shall not commit any offence of similar nature while on bail. vi) The petitioners shall not make any attempt to contact any
of the prosecution witnesses, directly or through any other person, or any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation. vii) The petitioners shall not leave India without the permission of the jurisdictional court. viii) The petitioners shall surrender their passport before the Jurisdictional court and, in case they do not have a passport, an affidavit to that effect shall be filed. In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation of bail, if any, and pass appropriate orders in accordance with the law. Sd/- ZIYAD RAHMAN A.A. JUDGE scs