IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS MONDAY, THE 8^TH DAY OF APRIL 2024 / 19TH CHAITHRA, 1946 BAIL APPL. NO. 2874 OF 2024 CRIME NO.267/2024 OF Sreekariyam Police Station, Thiruvananthapuram AGAINST THE ORDER DATED 27.03.2024 IN CMP NO.1126 OF 2024 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I,THIRUVANANTHAPURAM PETITIONERS/ACCUSED 1, 2, 4 AND 5:

1 YADHUKRISHNAN AGED 23 YEARS S/O. MADHUSOODHANAN NAIR, HOUSE NO.78, KARIMADOM COLONY, CHALA P.O., MANACAUD VILLAGE, THIRUVANANTHAPURAM DISTRICT., PIN - 695036

2 VIVEK AGED 22 YEARS S/O. RAJENDRAN, T.C.72/2311, KARIMADOM COLONY, CHALA P.O., MANACAUD VILLAGE, THIRUVANANTHAPURAM DISTRICT., PIN - 695036

3 SHIBIN AGED 22 YEARS S/O. HAJA, HOUSE NO.170, KADIMADOM COLONY, CHALA P.O., MANACAUD VILLAGE, THIRUVANANTHAPURAM DISTRICT., PIN - 695036

4 SULFI AGED 26 YEARS S/O. SUDHEER, T.C. 39/35, KARIMADOM COLONY, CHALA P.O., MANACAUD VILLAGE, THIRUVANANTHAPURAM DISTRICT., PIN - 695036 BY ADV SHAJIN S.HAMEED RESPONDENT/STATE:

STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM., PIN - 682031 OTHER PRESENT:

SR PP SMT SEETHA S THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON

08.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Dated this the 8^th day of April, 2024

O R D E R

The application is filed under Section 439 of the Code of Criminal Procedure, 1973, by the accused 1, 2 and 5 in Crime No.267/2024 of the Sreekaryam Police Station, Thiruvananthapuram registered against the accused (6 in number) for allegedly committing the offence punishable under Section 307 r/w Section 34 of the Indian Penal Code. The petitioners were arrested on 17.03.2024

2. The essence of the prosecution case is that: on

14.03.20247 at about 13:00 hours, the accused, in furtherance of their intention, to cause the murder of the defacto complainant, the first accused cut the defacto complainant with the sword and caused injuries to him on the rear portion of his neck. The second accused and the child in conflict with the law, also attacked the defacto complainant. The accused 4 and 5, reached the scene of the occurrence and enabled the accused to flee from the scene of occurrence. Thus, the accused have committed the above offences.

3. Heard; Sri. Shajin, S. Hameed., the learned counsel appearing for the petitioners and Smt. Seetha.S, the learned Public Prosecutor.

4. The learned counsel appearing for the petitioners submitted that the petitioners are totally innocent of the accusations levelled against them. They have been falsely implicated in the crime. A reading of Annexure A FIR would substantiate that the petitioners were not named in the above crime. In fact, the crime has been registered only as a retaliatory method adopted by the defacto complainant, who is an accused in Crime No.1597/2023 of the Fort Police Station, Thiruvananthapuram, which is registered against him for committing a similar offence. The accused 1 and 2 are the Cws 6 and 7 in the crime. It is only due to wreak vengeance on them, the present crime has been registered. Moreover, a reading of the accident register- cum-would certificate would substantiate that the defacto complainant only suffered a lacerated wound and aberrations on his body. Therefore, the offence under Section 307 would not be attracted. In any given case, the petitioners have been in judicial custody since 17.03.2024, the investigation in the case is practically complete, and the recovery has been effected. Moreover, the petitioners do not have any criminal antecedents.

Hence, the application may be allowed.

5. The learned Public Prosecutor opposed the application. She submitted that the investigation in the case is in progress. She also stated that if the petitioners are released on bail, there is every likelihood of them intimidating the witnesses and tampering with the evidence. Nonetheless, she did not dispute the fact that there is a case registered against the defacto complainant as Crime No.1597/202