ORDER

This is an application for regular bail.

2. Petitioner is the 4th accused in Crime No.161 of 2022 of Kannur City Police Station registered alleging commission of offences punishable under Sections 143, 147, 148, 341, 323, 324, 326, 427 and 307 read with Section 149 of the Indian Penal Code.

3. Prosecution allegation, in brief, is that on 13.03.2022 at 9.00 p.m., near to a mosque at Barnasseri in Kannur amsom, the accused formed themselves into an unlawful assembly with dangerous weapons and in prosecution of the common object of the said assembly, they wrongfully restrained the defacto complainant who came in a scooter and beat him using an iron pipe and hacked him using swords causing grievous injuries and attempted to kill him and thus committed the abovesaid offence.

4. Petitioner submits that he was arrested on 21.05.2022 and is in custody since then. The case of the petitioner is that he has been falsely implicated in the abovesaid crime and that when the defacto complainant attempted to abuse an old lady who is the mother of the 1st accused, petitioner along with other accused intervened which resulted in an altercation and thereafter son of the defacto complainant with the help of the petitioner took the defacto complainant in a scooter and that the scooter fell down and thereby the defacto complainant sustained injuries.

6. The learned Public Prosecutor opposed the bail application contending that the defacto complainant has sustained serious injuries including fracture and the petitioner is involved in another crime also and that he has active role in the commission of the alleged offence.

Having regard to the facts and circumstances of the case and considering the fact that the petitioner is in custody from 21.05.2022 onwards, I am inclined to grant bail to the petitioner on stringent conditions:

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

(ii) He shall appear before the investigating officer in Crime No.161 of 2022 of Kannur City Police Station on every Saturday at 11.00 a.m, until filing of final report.

(iii) He shall not attempt to interfere with the investigation or to influence any witness in the abovesaid crime.

(v) He shall not involve in any other crime while on bail.

If any of the aforesaid conditions are violated, the investigating officer in Crime No.161 of 2022 of Kannur City Police Station may file an application before the jurisdictional court, for cancellation of bail.