ORDER

This is an application for regular bail.

2. Petitioners are accused 2 and 3 in Crime No.415 of 2022 of Pandalam Police Station alleging commission of offences punishable under Sections 120B, 144, 324, 326, 307 and 506(ii) read with Section 149 of the Indian Penal Code (in short, “IPC”). Prosecution allegation is that due to previous enmity 1st accused and others conspired together and on 05.04.2022 reached the school ground of St.Pauls School, Nariyapuram in three cars and they ran over the defacto complainant and caused injury. Thereafter the accused 1 to 3 inflicted injuries to him using dangerous weapons.

3. Heard the learned counsel for the petitioners as well as the learned Public Prosecutor.

4. Learned counsel for the petitioner submitted that accused 2 and 3 are totally innocent of the charges levelled against them and they were arrested on 15.04.2022 and are in custody from that date. They earlier moved bail application before the Sessions Court as Crl.M.P.No.1845 of 2022 which was dismissed as per Annexure-A2 order. It is contended that this Court has granted bail to accused 1, 4, 5 and 8 as per Annexure-A3 order dated 19.05.2022.

5. Learned Public Prosecutor, upon instructions, submitted that the vehicle which ran over the defacto complainant was driven by the 2nd accused and that as per the instruction of the 1st accused, the 2nd accused caused serious injuries to the defacto complainant by using a sword and that the 3rd accused has also inflicted injuries to the defacto complainant by using a steel rod. It is also submitted by the learned Public Prosecutor that the key of the vehicle bearing registration No.KL 38 A 1323 was recovered from the 3rd accused who is the 2nd petitioner herein. Learned Public Prosecutor also submitted that the earlier application filed by the petitioners was dismissed by the Sessions Court, Pathanamthitta as per Annexure-A2 order in which it was specifically noted that the injured is undergoing treatment and that due to the serious physical condition, the dying declaration of the injured could not be recorded. It is also submitted that accused 2 and 3 who are petitioners herein are involved in various other crimes and as regards the 2nd accused (1st petitioner herein), he is also involved in Crime Nos.(i) 249 of 2011 (punishable under Sections 143, 147, 148, 149, 294(b), 341 and 427 IPC), (ii) 588 of 2013 (punishable under Sections 427, 143, 147, 148, 448, 294(b), 506(ii), 324 and 308 read with Section 149 IPC), (iii) 1391 of 2013 (punishable under Sections 323, 341 read with Section 34 IPC), (iv) 401 of 2014 (punishable under Sections 143, 147, 148, 149, 341, 294(b), 427 and 307 IPC, (v) 2478 of 2015 (punishable under Sections 506(i), 294(b) and 323 read with Section 34 IPC, (vi) 3223 of 2015 (punishable under Sections 143, 147, 148, 149, 341, 323, 326 and 324 IPC and (vii) 3062 of 2020 (punishable under Sections 143, 147, 148, 149, 188, 269, 118(e), 4(2)(e), 42(j), 3(e), 51(c), 51(b) of KEDO) of Pathanamthitta Police Station; Crime Nos.(i) 717 of 2009 (punishable under Sections 143, 147, 452 and 323 read with Section 149 IPC), (ii) 379 of 2010 (punishable under Sections 41(1)(d) and 102 IPC), (iii) 380 of 2010 (punishable under Section 379 read with Section 34 IPC) and (iv) 1408 of 2021 (punishable under Sections 326 and 308 IPC) of Adoor Police Station and Crime No.3198 of 2015 (punishable under Sections 341, 326, 427, 323 and 324 read with Section 34 IPC) of Thiruvalla Police Station and that proceedings under Section 107 of the Code of Criminal Procedure was also issued by the Sub Divisional Magistrate Court, Adoor. Whereas the 3rd accused (2nd petitioner herein) is also involved in Crime Nos.(i) 2206 of 2016 (punishable under Section 117(e) of KP Act), (ii) 203 of 2018 (punishable under Sections 341, 294(b), 323, 324 and 341 IPC), (iii) 1860 of 2020 (punishable under Sections452, 294(b), 323 and 427 read with Section 34 IPC), (iv) 1862 of 2020 (punishable under Sections 323, 341,