Abdul Rasheed vs State Of Kerala

Dr. Kauser Edappagath, J

This is an application filed u/s 438 of Code of Criminal Procedure seeking pre-arrest bail.

The petitioner is the accused No.6 in Crime No.250/2022 of Meppayur Police Station. The offences alleged are punishable under Sections 143, 147, 283, 120B, 109 read with Section 149 of IPC and under Section 3(2)(e) and 4 of Prevention of Damage to Public Property Act

The prosecution case in short is that, on 23.09.2022 at about 10.00 a.m. the petitioner along with the remaining accused formed an unlawful assembly and in prosecution of the common object of the assembly, observed a lightning harthal, committed rioting, blocked the road by setting fire to the old tyres in front of Meppayur High School causing damage to the public road which is assessed at Rs.20,999/- (Rupees twenty thousand nine hundred and ninety nine only).

Heard both sides and perused the case diary.

The learned counsel for the petitioner submitted that the petitioner is absolutely innocent and he has been falsely implicated in the present case. He further submitted that there are no materials to connect the petitioner with the alleged crime and hence he is 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 petitioner and if the petitioner is released on bail at this stage, it would affect the course of investigation.

Having heard the learned counsel for the petitioner as well as the learned Public Prosecutor, I am of the view that this anticipatory bail application can be disposed of giving liberty to the petitioner to surrender before the investigating officer. Hence the following order is passed:-

(i) The petitioner shall surrender before the investigating officer within ten days from today.

(ii) If the investigating officer after interrogation feels that the petitioner is to be arrested, he shall record his arrest and produce him before the Jurisdictional Magistrate.

(iii) The bail application, if any, moved by the petitioner shall be disposed of by the learned Magistrate on the same day itself, in accordance with law.