AKHIL Vs. STATE OF KERALA

JUDGEMENT

(1.) Dated this the 12th day of June 2020 The petitioner is the sole accused in Crime No.1907/2019 and the 1st accused in Crime No.1419/2019. In view of the fact that the Bail Applications have been filed by the accused in both these crimes, it is being disposed of by a common order.

(2.) Both these crimes pertain to Vaikom Police Station. Crime No.1419/2019 was the earlier in point of time and was registered for offences punishable under Sections 294(b), 323 and 308 read with Section 34 of the I.P.C. The allegation of the prosecution is that the petitioner in furtherance of the common intention with the other accused attacked the defacto complainant by wielding a sword stick on 18.06.2019 and committed the offence. The police party were after him and wanted to arrest him. Therefore, on 06.10.2019 when the police party went to his house to apprehend him in connection with Crime No.1419/2019, he attacked one of the police officers with a wooden stick and also thrust his fingers into his eyes, which would have even resulted in his death, and he did so with the intention of committing the murder, is the allegation of the prosecution for offences and he has been booked for offences punishable under Sections 294(b), 324, 307, 333, 332 and 501(ii) of I.P.C. in Crime No.1907/2019. The petitioner claims that he has been in judicial custody since 06.10.2019 and, therefore, further incarceration may not be necessary in view of the fact that final reports have already been filed in both the crimes. It is also submitted that the co-accused in Crime No.1419/2019 have already been released on bail by this Court. No custodial incarceration is necessary and he is willing to abide by any condition imposed by this Court. It is also submitted that taking into consideration the present pandemic situation, detaining him further in the jail would only cause much inconvenience to him as well as the authorities.

(3.) Heard the learned Counsel appearing for the petitioner in both these crimes and also heard the learned Public Prosecutor, who very vehemently opposed the applications for bail.