Mohammed Nias C.P.J
1. This application for regular bail is filed under Section 439 of the Code of Criminal Procedure.
2. The petitioners are accused Nos. 1 to 3 & 6 in Crime No.1254/2023 of Payangadi police station, registered for offences punishable under Sections 143, 147, 148, 341, 323, 324 and 307 r/w Section 34 of the Indian penal Code.
3. The prosecution allegation is that on 20.11.2023 at 17.30 hours near Eripuram KSEB Office in Ezome amsom, accused Nos. 1 to 144 and identifiable 20 persons, who were CPM, SFI, DYFI workers with an intention to commit an offence formed themselves into an unlawful assembly armed with deadly weapons and wrongfully restrained one Sudheesh Vellachal with an intention to cause his death and beaten his head with helmet, plant pot and iron stick and sustained injury to him. While the defacto complainant and the activists of Youth Congress trying to prevent the same, the accused persons also beat them and sustained injury to them, and thereby committed the above offence.
4. The learned counsel appearing for the petitioners and the learned Public Prosecutor were heard.
5. Learned counsel for the petitioner argued that the accused persons are innocent of all allegations levelled against them, and they are ready to obey any condition to be imposed by the Court and seek to release them on bail.
6. Learned Public Prosecutor opposes the bail application.
7. Considering the wound certificate, which shows only an abrasion over the right forehead and a bite mark over the left shoulder and that the petitioners have been in custody since 22.11.2023, since the prosecution raises no apprehension if the petitioners are released on bail, they are likely to abscond, I am inclined to grant bail to the petitioners subject to the following conditions:
i. The petitioners shall be released on bail on executing separate bonds for Rs.1,00,000/- (Rupees One lakh only) each with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction;
ii. They shall appear before the Investigating Officer on all Saturdays between 9 a.m. and 11 a.m. for three months and thereafter as and when directed to appear.
iii.They shall not intimidate or attempt to influence the witnesses, nor shall they tamper with the evidence or do anything that might adversely affect the trial;
iv. They shall not commit any offence while on bail;
v. They shall not leave the Country without the permission of the Court having jurisdiction;
vi. In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation of bail and pass appropriate orders in accordance with law.
