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Raja Vijayaraghavan V. J. allowed a bail application registered under the provisions of Section 439 of the CrPC. The applicant was the accused 7 of the Crime no. 4465 of 2019 registered under the Shornur Police station. The accused was charged under Sections 143, 144, 147, 148, 324, 326, 307 and 447 read alongwith Section 149 of the Penal Code.
The facts stated that on 22/11/2019 7 accused’s were named in an FIR other than 3 others who attacked the complainant and his friend named Abdul Rahman. They were attacked with swords and weapons which caused serious injuries. The counsel for the accused argued that accused 7 had not harmed the complainant. The accused was only liable of being a member of an unlawful group and was guilty of Section 149 of the IPC. Section 149 of the IPC states that if an offence were to be committed by any member of a said unlawful assembly or group, all the other members present at the time of the offence are equally guilty.
The counsel for the complainant presented a medical certificate showing serious injuries.
The court after hearing the case decided that the accused 7 was not armed and neither caused any serious injury. Hence the court granted him bail in exchange of a personal bond worth Rs. 100000. Other conditions imposed upon the accused 7 were
The court said that were these conditions violated, the bail granted would be subject to cancellation.
Vishnu Prasad v. State of Kerala, Bail Appl. No. 9053 of 2019
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