Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No.2787 OF 2021 MOHAMMED ARSHAD AGED 31 YEARS RESIDING AT DEEN MANZIL, VALLAVILA PO, KOLLAMKODU, KANYAKUMARI DISTRICT, TAMILNADU - 629160 R1 BY PUBLIC PROSECUTOR SMT.V.SREEJA 30.04.2021, ALONG WITH Bail Appl..2790/2021, Bail Appl.3187/2021, N THE HIGH COURT OF KERALA AT ERNAKULAM Bail Appl..No.2790 OF 2021 AMIR ALI AGED 66 YEARS RESIDING AT DEEN MANZIL, VALLAVILA PO, KOLLAMKODU, KANYAKUMARI DISTRICT, TAMILNADU 629160 ERNAKULAM 682031 R1 BY PUBLIC PROSECUTOR SRI.M.R.DHANIL. 30.04.2021, ALONG WITH Bail Appl..2787/2021, Bail Appl..3187/2021,
IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No.3187 OF 2021 MOHAMMED AZHARUDEEN AGED 25 YEARS ACHU NIVAS, MUNPALA, MARANGADU PO, ARYANADU - 695542 R1 BY PUBLIC PROSECUTOR SMT.SREEJA V. 30.04.2021, ALONG WITH Bail Appl..2787/2021, Bail Appl..2790/2021,
ORDER
B.A.Nos. 2787/2021, 2790/201 & 3187/2021 Dated this the 30th day of April 2021 All these applciations are filed under Section 438 of the Cr.P.C.seeking pre-arrest bail.
2. The petitioner in B.A. No.3187/2021 is accused No.4, the
petitioner in B.A. No.2790/2021 is the accused No.5 and the petitioner in B.A. No.2787/2021 is the accused No.6. in Crime No.28 of 2020 of Vattappara Police Station. The offences alleged are under Sections 341, 324, 427, 326 and 27 r/w 34 of IPC.
3. The prosecution case in short is that on 10.1.2020 at 8.45 p.m., the petitioners with common intention wrongfully restrained the defacto complainant and assaulted him with iron pipe and thereby committed the offences.
4. Heard both sides and perused the case diary.
5. The learned counsel for the petitioner submitted that the
petitioners are absolutely innocent and they have been falsely implicated in the present case. He further submitted that there are no materials to connect the petitioners with the alleged crime and hence they are entitled to get bail. The learned Public Prosecutor opposed the bail application. He contended that the alleged incident occurred as a part of the intentional criminal acts of the petitioners and if the petitioners are released on bail at this stage, it would affect the course of investigation.
6. Altogether there are 7 accused. Initially, the crime was
registered only against accused Nos.1 and 2. The remaining accused were added subsequently. The entire allegations are against the accused 1 to 3. No overt act has been alleged against the petitioners. There is no case that petitioners have used any weapon. There is a delay of two days in lodging the FIR. The recovery has already been effected. Considering
the allegations levelled against the petitioners, their custodial interrogation does not appear to be necessary. For all these reasons, the petitioners are entitled to pre-arrest bail on conditions. In the result, the applications are allowed on the following conditions:-
(i) The petitioners shall be released on bail in the event of their
arrest on executing a bond for Rs.1,00,000/- (Rupees One lakh only) with two solvent sureties for the like sum each to the satisfaction of the arresting officer/investigating officer, as the case may be.
(ii) The petitioners shall fully co-operate with the investigation, including subjecting themselves to the deemed police custody for the purpose of discovery, if any, as and when demanded.
(iii) The petitioners shall appear before the investigating officer
between 10.00 a.m and 11.00 a.m on every Saturday until further orders. The petitioners shall also appear before the investigating officer as and when required by him.
(iv) The petitioners shall not commit any offence of like nature while on bail.
(v) The petitioners shall not make any attempt to contact any of
the prosecution witnesses, directly or through any other person, or any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation.
(vi) The petitioners shall not leave State of Kerala without the permission of the trial Court. Sd/- DR. KAUSER EDAPPAGATH JUDGE Al/-+