Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE ASHOK MENON THURSDAY, THE 30TH DAY OF JULY 2020 / 8TH SRAVANA, 1942 Bail Appl.No.3905 OF 2020 CRIME NO.695/2020 OF Chavakkad Police Station , Thrissur PETITIONERS/ACCUSED 2 & 3: 1 SALAMU, AGED 34 YEARS, S/O KUHIMUHAMMED, PUZHANKARA ILLATH, KURANJIYUR, EDAKKAZHIYUR VILLAGE, THRISSUR,PIN-680515. 2 MUHAMMED SIYAD, AGED 19 YEARS, S/O SHEBEER @ SHEJEER, KATTIL HOUSE P.O, KURANJIYUR, EDAKKAZHIYUR VILLAGE,THRISSUR,PIN-680515. BY ADV. SRI.M.R.SASITH RESPONDENT/STATE: STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM,PIN-682031. OTHER PRESENT: SRI.AMJAD ALI, SR PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30.07.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: -2-
ASHOK MENON, J.
------------------------------------ B.A. No. 3905 of 2020 ------------------------------------- Dated this the 30th day of July, 2020
O R D E R
This is an application for anticipatory bail.
2. The applicants are accused 2 and 3 in Crime No.695/2020 of Chavakkad Police Station, for having allegedly committed offences punishable under Sections 341,
324 and 308 read with Section 34 of the IPC. The prosecution case in brief is that on 03.06.2020 at about 2.30 PM, near Edakazhiyur Changadam Bridge, the applicants along with the 1st accused, due to enmity towards the defacto complainant, wrongfully restrained him in furtherance of common intention, and the 1st accused beat him with an iron pipe and accused 2 and 3 hit him on the back of head with sticks and thus attempted to commit culpable homicide.
3. The applicants contend that they are innocent and
the allegations are false and fabricated and that no grievous injury has been sustained by the defacto complainant. The applicants do not have any criminal antecedents. The allegation is mainly against the 1 st
accused, who had attacked the injured with an iron rod, Custodial interrogation of the applicants is not necessary -3- and hence, they be released on pre-arrest bail.
4. Heard the learned Counsel for the applicants and the learned Public Prosecutor.
5. The attack of the defacto complainant with an iron rod was by the 1st accused. The allegation against the applicants is that they had beaten with sticks. The injuries are also caused mainly due to the attack with the
iron rod. The applicants do not have any criminal antecedents and they are willing to co-operate with the investigation, and I find no reason to subject them to custodial interrogation. There is no possibility of the applicants absconding.
6. Under the above circumstances, the application for
anticipatory bail is allowed and the applicants are directed to surrender before the Investigating Officer within two weeks. After interrogation, in the event of
their being arrested, they shall be released on bail on execution of self bond for Rs.50,000/-(Rupees fifty thousand only) each, with two solvent sureties each for the like amount to the satisfaction of the Investigating Officer, and on the following conditions:
(i) They shall appear before the Investigating Officer as and when called for;
(ii) They shall not influence or intimidate witnesses or tamper with evidence; and
(iii) During the bail period, they shall not get involved -4- in any similar offences. In case of breach of the bail conditions, the prosecution shall be at liberty to apply for cancellation of the bail before the jurisdictional court. Sd/- ASHOK MENON JUDGE dkr