A balance between the accused's liberty and public interest justifies the imposition of stringent bail conditions in serious cases.

ORDER

This is an application for regular bail.

2. Petitioner is the sole accused in Crime No.757 of 2022 of Pooyappally Police Station Kollam registered alleging commission of offences punishable under Section 302 of the Indian Penal Code . 3. The prosecution case is this that as there was an enmity between the petitioner and the brother of deceased because of a dispute concerning a way to property there was an attack led by deceased and his brother into petitioner’s residence, in revenge petitioner attacked the deceased in Maruthamonpally Centre using a hacker, causing death of deceased. Thus the accused has committed the abovesaid offence.

4. Petitioner submits that he has been falsely implicated in the above-said crime. The petitioner’s case is that he is the victim and was brutally attacked. Ever since, an earlier incident of attack on petitioner at his own home, the petitioner has been vigilant and scared to even travel. The deceased and his brother led most notorious gang in Kollam. Their gang is based on Maruthamonpally centre. Unfortunately, the petitioner was attacked by the deceased using a weapon, petitioner reacted in private defense and ran away. Later, the police fixed a case of petitioner having murdered the deceased. The petitioner have come to know, that there is involvement of a Kottarakara based gang in the attack on deceased. This aspect is not even considered by the police. The deceased and his brother are notorious elements. The petitioner who was brutally attacked was staying away from the deceased and his gang. When the deceased found petitioner alone, to his amuse, the petitioner was attacked. The entire investigation and recovery are over. The petitioner has been in custody since 23.05.2022 (for more than 5 months). The petitioner has been co-operating with the police in everything and is willing to do further. Earlier also, petitioner was attacked by the brother of deceased in the same place. This was also, portrayed as an assault conducted by petitioner. The petitioner apprehends that, this is a conspiracy to allow real culprits to evade. Though the petitioner moved the Sessions Court twice seeking bail, the same were rejected as per Annexures- 2 and 3 orders. Petitioner submits that he is in custody from 23.05.2022 onwards and his further detention is not required for the purpose of the investigation.

5. Learned Public Prosecutor seriously opposed the application for bail and submitted that the petitioner on a personal vengeance for an attack by the deceased and his brother relating to a property dispute on the petitioner, attacked the deceased on 22.05.2022 at 20.30 hours at Maruthamonpally Junction, using a hacker inflicted injuries causing his death. There was previous enmity between the deceased and the petitioner. On 01.02.2020, the petitioner attempted to commit murder of the brother of the deceased, and a crime was registered as Crime No.162 of 2020 by Pooyappally Police Station under Sections 326 and 307 IPC . As a retaliation to the same, the deceased along with his two brothers and five others trespassed into the house of the petitioner herein on 18.10.2020, attacked him and he sustained serious injuries and a crime was registered as Crime No.1917 of 2020 under Sections 143, 147, 148, 452, 450 and 307 read with Section 149 . It is due to the said enmity the deceased was attacked by the petitioner on 22.05.2022 using a hacker, inflicted injuries and he died while being shifted to Paripally Medical College, Kollam. Learned Public Prosecutor further submits that if the petitioner is released on bail there is every chance for attacking the brother of the deceased and his relatives and there is every chance for intimidating the witnesses and to evade from the trial. It was also submitted by the learned Public Prosecutor that there is an apprehension of serious law and order issues if the petitioner is granted bail.

6. It is seen that the petitioner is in custody from 23.05.2022 onwards and th