P.V.KUNHIKRISHNAN, J

1. This Bail Application is filed under Section 439 of Criminal Procedure Code.

2. Petitioners are the accused Nos. 2, 3, 5 and 6 in Crime No.437 of 2022 of Kunnamkulam Police Station. The above case is registered against the petitioners and others alleging offences punishable under Sections 143, 147, 148, 448, 506, 341, 323, 324, 308, 427 r/w 149 IPC. The offence under Section 3 read with Section 4 of Kerala Health Care Service persons and Health Care Service Institution (Prevention of violence and damage to property) Act, 2012 is also alleged.

3. The prosecution case is that on 27.03.2022 at 10.00 p.m, accused formed themselves into an unlawful assembly and attacked the de facto complainant and his brother by restraining them in front of the casualty of Government Hospital, Kunnamkulam. The 1st accused beat the de facto complainant with iron pipe on his head. The 2nd accused stabbed him with a knife on his neck and 2nd accused stabbed the brother of the de facto complainant also with a knife. When one of the injured, who was attacked by the very same accused on the same day came out of the ward of the hospital, it is alleged that the accused Nos. 3 and 4 dragged him into the varanda of the casualty. It is further alleged that accused No.1 beat him with iron pipe on his head and accused Nos. 3 to 6 kicked and beat de facto complainant and others. It is also alleged that the accused destroyed the wheel chair of the hospital and mobile phone of the de facto complainant. Hence it is alleged that the accused committed the offence. The petitioners are in custody from 01.4.2022 onwards.

4. Heard counsel for the petitioners and the Public Prosecutor. The counsel for the petitioners submitted that the petitioner is in custody from 01.04.2022 onwards. The counsel submitted that the petitioners are ready to abide any conditions if this Court grant them bail. The Public Prosecutor seriously opposed the bail application. The Public Prosecutor submitted that the petitioners are involved in other cases also. It is true that the allegation against the petitioners are very serious. The Public Prosecutor submitted that the 1st petitioner, who is the 2nd accused in the case is involved in eight other criminal cases. Accused Nos. 3 and 5, who are petitioners 2 and 3 in this bail application, are involved in five other criminal cases. Accused No.6 is involved in one criminal case. Considering the criminal antecedents of petitioner Nos. 1 to 3, they are not entitled to bail at this stage. But the 4th petitioner, who is the 6th accused has no serious criminal antecedents compared to the other accused. In such circumstances, the 4th petitioner can be released on bail on stringent conditions and the bail application of petitioners 1 to 3 can be rejected.

5. Considering the facts and circumstances of this case, this Bail Application of the 4th petitioner is allowed with the following directions:

"1. The 4th petitioner shall be released on bail on executing a bond for Rs.50,000/- (Rupees Fifty Thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Court.

2. The 4th petitioner shall appear before the Investigating Officer for interrogation as and when required. The 4th petitioner shall cooperate with the investigation and shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer.

3. The 4th Petitioner shall not leave India without permission of the jurisdictional Court.

4. The 4th petitioner shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.

5. If any of the above conditions are violated by the 4 th petitioner, the jurisdictional Court can cancel the bail in accordance to law, even though the bail is granted by this Court. The prosecution and the victim are at liberty to approach the jurisdictional court to cancel the bail, if there is any violation of the above conditions."

6. The bail application filed by petitioners 1 to 3 are dismissed.