Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE K.HARIPAL FRIDAY, THE 30TH DAY OF JULY 2021 / 8TH SRAVANA, 1943 IN CRIME NO. 406 OF 2021 OF KUNNAMKULAM POLICE STATION, THRISSUR DISTRICT AGAINST THE ORDER/JUDGMENT IN CRMC 722/2021 OF DISTRICT COURT & SESSIONS COURT,THRISSUR, THRISSUR PETITIONER/ACCUSED NOS.3, 4, 7 AND 8: 1 ASHKAR VILLAGE, KUNNAKULAM TALUK, THRISSUR - 680 503. 2 ANWAR AGED 23 YEARS 3 SHUHAIB K.M. S/O.MUHAMMED, KOTTILINGAL HOUSE, P.O.PERUMTHURITHY, PERUMTHURITHY 4 ADHIL N.A. AGED 22 YEARS S/O.ABDUL HAKEEM, NAMBIAR VALAPPIL HOUSE, PERUMTHURITHY, PERUMTHURITHY VILLAGE, KUNNAMKULAM TALUK, THRISSUR - 680 503. BY ADVS. K.R.ARUN KRISHNAN DEEPA K.RADHAKRISHNAN RESPONDENT/STATE OF KERALA: STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682 031. PP - SMT. SREEJA V. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ORDER
This is an application filed under Section 438 of the Cr.P.C. seeking anticipatory bail. Petitioners are accused Nos. 3, 4, 7 and 8 respectively, in Crime No.406 of 2021 of Kunnamkulam police station in Thrissur district. The crime was registered alleging offence punishable under sections 143, 147, 148, 341, 324 and 308 r/w 149 of the IPC.
2. The alleged incident had happened on 03.04.2021 at
about 20.20 pm in front of an auditorium by name Arafa, at Chirakkal. It is alleged that the accused persons had formed an unlawful assembly and in prosecution of their common object attacked the defacto complainant with stones, who were conducting a procession and were moving in front of the said auditorium.
3. I heard the learned counsel for the petitioners and also the learned Public Prosecutor. The learned counsel for the petitioners submits that in fact this is a counter case to Crime Nos.407 and 408 of the same police station. The defacto complainant is an activist of the Congress party where as the
petitioners are activists of the Marxist party. According to the learned counsel for the petitioners, for the mere reason that their names figured in the F.I.R., the police is trying to arrest them, they did not commit any overt act; alleged acts which led to the injuries sustained by the defacto complainant were committed by the first accused.
4. I heard the learned Public Prosecutor and have gone
through the First Information Statement. It appears that the defacto complainant had sustained injuries due to the stones hurled by the 1st accused. Even though the names of the petitioners also figure in the F.I.R., no other overt act is alleged against him and nothing is recoverable from them and custodial interrogation of the petitioners is not necessary. They have no criminal antecedents also.
In the circumstances, the petitioners shall be at liberty to
surrender before the Investigating Officer within ten days from today and will make themselves available for interrogation; in the event of arrest, they shall be released on bail, on executing bond for Rs.50,000/- (fifty thousand rupees only) each with two solvent sureties each for the like sum to the satisfaction of the investigating
officer; they shall co-operate with the investigation, shall not try to contact or influence the witnesses or tamper with the evidence; shall not involve in any crime during the period on bail. Bail Application is allowed as above. Sd/- K.HARIPAL JUDGE rps/