ORDER : Application for regular bail under Section 439 Cr.PC. The applicant is the third accused in Crime No.35 of 2020 of Ollur Police Station, Thrissur District for having allegedly committed offences punishable under Sections 143, 147, 148, 323, 324, 341, 294(b), 308 and 506 (ii) read with Section 149 IPC. 2. The prosecution case, in brief, is that on 18/10/2019 at about 2.30 pm, the applicant and the two other co-accused together with six identifiable persons formed an unlawful assembly and contacted the de facto complainant over mobile phone and asked him to purchase liquor from the beverages outlet located near his residence and come to the scene of occurrence situated at Kecherry - Mullapadam road and when the de facto complainant reached there, he was allegedly beaten up, hurled with abuses and the accused committed riot armed with deadly weapons like knife and iron rod etc. The de facto complainant was threatened at the knife point by the 1st accused and he poured petrol over him and intimidated him with a match stick in his hand that he would be set ablaze, and thereafter he was set at liberty. 3. The applicant states that the allegations are not true and that he has been falsely implicated and there is no specific overt act attributed to him for having assaulted the de facto complainant or attempted to commit culpable homicide. The applicant therefore seeks bail. He has been in custody since 24.6.2020. It is also pointed out that the second accused who is similarly placed has been granted bail by this Court. 4. Heard the learned counsel for the applicant and the learned Public Prosecutor. 5. The learned Public Prosecutor submits that the applicant is a notorious criminal having ten other criminal cases registered against him and is a history sheeter. Accused 1 and 2 are also history-sheeters as various crimes have been registered against them. The second accused has eight crimes while the first accused has 27 crimes registered against them. It is pointed out that the applicant and the other co-accused belong to a gang of criminals and if he is released on bail, there is every possibility that he may get involved in offences of similar nature. 6.
The second accused has eight crimes while the first accused has 27 crimes registered against them. It is pointed out that the applicant and the other co-accused belong to a gang of criminals and if he is released on bail, there is every possibility that he may get involved in offences of similar nature. 6. After having heard the submissions made on both sides, I find that even though the applicant is a history-sheeter having criminal cases registered against him under the various previsions of IPC and Explosive Substances Act, there is no specific allegation against him in this case for having assaulted the de facto complainant with any dangerous weapons and attempting to cause his death. Therefore, I find that the applicant cannot be confined in detention merely because he has got bad antecedents. In case, if the applicant is involved in various crimes and proceedings are to be initiated, it is for the prosecution to take steps to confine him under the provisions of KAPPA or under Section 107 of Cr.P.C. Hence, I find that the applicant is entitled to be released on bail in this crime. In the result, the Bail Application is allowed and the applicant is directed to be released on bail on execution of a bond for Rs.50,000/-(Rupees fifty thousand only) with two solvent sureties, each for the like amount to the satisfaction of the jurisdictional court and on the following conditions: (i) He shall appear before the investigating officer as and when called for and cooperate with the investigation. (ii) He shall not attempt to influence or intimidate the witnesses or tamper with evidence. (iii) He shall not get involved in similar offences during the currency of the bail. In case of breach of any of the bail conditions, the prosecution shall be at liberty to approach the jurisdictional court to get the bail order cancelled.