O R D E R

This is an application for Regular Bail.

2. The petitioner is the 6^th accused in Crime No.1561/2022 of Fort Police Station, Thiruvananthapuram alleging commission of offences punishable under Sections 323, 324, 506(ii) and 302 of the Indian Penal Code.

3. The prosecution allegation is that, due to the prior animosity towards the defacto complainant’s friend Afsal, the accused persons formed themselves into an unlawful assembly at 6.15 pm, on 09.11.2022, near Kamalaswaram School in Manacaud village, and committed rioting armed with deadly weapon. The accused persons wrongfully restrained the defacto complainant and his friends and accused Nos.5, 6 and 7 wrongfully confined the defacto complainant. The 1st accused used obscene words and thereafter, attacked the defacto complainant’s friend Afsal with a sword and caused injury on his left leg. The aforesaid Afsal sustained severe injury and was admitted at Medical College Hospital, Thiruvananthapuram. The 2^nd accused also used obscene words and criminally intimidated the defacto complainant. The 2^nd accused thereafter, attacked one Sajith with a knife, the 3^rd accused attacked the said Sajith with an iron rod and the 4^th accused hit the head of Sajith with a beer bottle. Accused Nos.5 to 7 kicked and hit the defacto complainant on various parts of his body. The 8^th accused waited at the opposite side of Kamalaswaram School and observed the scene and assisted other accused persons and later Injured Afsal succumbed to the injuries at Medical College Hospital, Thiruvananthapuram on 18.11.2022. Thus the accused have committed the aforesaid offences.

4. The learned counsel for the petitioner submitted that the petitioner is falsely implicated in the above said crime and further that no serious overt acts are alleged against him. Even going by the prosecution case, the alleged act is not a premeditated one and further that he has no other criminal antecedents. The petitioner’s further case is that the 4^th accused, who is similarly situated like the petitioner herein was granted bail by the Sessions Court, Thiruvananthapuram in Crl.M.C. No.2882/2022.

5. The learned Public Prosecutor upon instructions submitted that the investigation has progressed considerably and the overt act alleged against the petitioner is that he along with accused Nos.5 and 7 restrained the victim and that the serious overt act of attacking the victim is on accused No.1, who inflicted a cut injury on the left leg of the deceased. It is further submitted that the petitioner has no other criminal antecedents.

6. Having regard to the facts and circumstances of the case, taking into consideration the fact that the petitioner is aged only 19 years and that no serious overt act is alleged against him and further that the 4^th accused has already been granted bail by the Sessions Court and that the petitioner has no other criminal antecedents, I am inclined to grant bail to the petitioner but taking note of the seriousness of the allegations the same shall only be on the following stringent conditions:

(i) The petitioner shall execute bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like-sum to the satisfaction of the jurisdictional court ;

(ii) Petitioner shall appear before the investigating ofÏcer in Crime No.1561/2022 of Fort Police Station, Thiruvananthapuram on every Saturday at 11 am until the final report is filed;

(iii) The petitioner shall not attempt to interfere with the investigation or to influence any witness in Crime No.1561/2022 of Fort Police Station, Thiruvananthapuram;

(iv) The petitioner shall not leave the State of Kerala without obtaining prior permission from the jurisdictional court; (v) The petitioner shall not involve in any other crime while on bail.

If any of the aforesaid conditions are violated, the investigating ofÏcer in Crime No.1561/2022 of Fort Police Station, Thiruvananthapuram may file an application before the jurisdictional court, fo