ORDER

[Bail Appl. Nos.3714/2022, 3717/2022, 3722/2022]

These are applications for regular bail.

2. Petitioners in these cases are accused in Crime No.415 of 2022 of Pandalam Police Station, Pathanamthitta District, alleging commission of offences under Sections 120(B), 144, 324, 326, 307 and 506(ii) read with Section 149 of the Indian Penal Code. The petitioner in Bail Application No.3714 of 2022 is the 4th accused, the petitioner in Bail Application No.3717 of 2022 is the 8th accused and the petitioners in Bail Application No.3722 of 2022 are accused Nos.1 and 5.

3. The allegation against the petitioners is that they along with the other accused, attacked the brother of the de- facto complainant and injured the brother of the de-facto complainant and his friend and caused serious injuries to them. This attack is stated to be in retaliation to the attack on accused Nos.5 to 7 by the brother of the de-facto complainant and his friends.

4. The learned counsel appearing for the petitioners in these cases would firstly refer to the order in Bail Application No.3153 of 2022, where this Court has granted bail to accused Nos.6 and 7. They would submit that the case of the petitioners in these cases is not different from that of accused Nos.6 and 7. It is submitted that while criminal antecedents are alleged against all the accused except accused No.1, accused Nos.6 and 7 were granted bail by this Court on the 26th day of their arrest. It is submitted that the petitioners in Bail Application Nos.3714 of 2022 and 3722 of 2022 have been in custody for more than 30 days, while the petitioner in Bail Application No.3717 of 2022 has been in custody for 22 days. It is submitted that continued detention of the petitioners is not necessary in the facts and circumstances of the case. 5. The learned Public Prosecutor vehemently opposes the grant of bail. It is submitted that all the accused except accused No.1 have criminal antecedents. The wound certificate issued in respect of the injured persons in respect of Crime No.415 of 2022 is referred to point out that two persons suffered very serious injuries, including trauma to the brain and hemorrhage. The injured persons also suffered multiple fractures. It is submitted that in such circumstances, the petitioners are not entitled to be released on bail at present as there is every chance of a flare up if, the petitioners are granted bail.

6. I have considered the submissions made. This Court has already granted bail to accused Nos.6 and 7 by order dated 04.05.2022 in Bail Application No.3153 of 2022. It is not disputed that all the accused except accused No.1 have criminal antecedents. The petitioners have been in custody for various periods as indicated above. Accused Nos.6 and 7 were granted bail after 26 days in custody. I am therefore inclined to grant bail to the petitioners. However, this shall be on strict conditions to ensure that there is no flare up and the petitioners do not indulge in further crimes.

7. In the result, these bail applications are allowed and it is directed that the petitioners shall be released on bail subject to the following conditions:

(1) Petitioners shall execute separate bonds for sums of Rs.50,000/- (Rupees Fifty Thousand) each with two solvent sureties each for the like sum to the satisfaction of the Jurisdictional Court;

(2) Petitioners shall not attempt to influence or intimidate any witness in Crime No.415 of 2022 of Pandalam Police Station, Pathanamthitta District;

(3) Petitioners shall report before the investigating ofÏcer in Crime No.415 of 2022 of Pandalam Police Station, Pathanamthitta District, every Saturday at 11.00 A.M until further orders;

(4) Petitioners shall not enter the local limits of Pandalam Police Station (except for complying with condition No.3 above) until further orders;

(5) Petitioners shall not involve in any other crime while on bail.

If any of the aforesaid conditions are violated, the investigating officer in Crime No.415 of 2022 of Pandala