Abhijith B vs State Of Kerala

Mohammed Nias C.P., J

This application is filed under Section 438 of the Code of Criminal Procedure seeking pre-arrest bail.

The petitioner apprehended as accused in crime No.75/2023 of Koodal Police Station, Pathanamthitta, registered for the offences punishable under Sections 144, 146, 147, 148, 149, 294(b), 323, 427, 354 and 308 of the Indian Penal Code.

The prosecution case is that the accused, 12 in number, in furtherance of their common intention to finish the defacto complainant due to enmity towards him on the ground that he helping his friend Omkaram Binu, committed an attack on the defacto complainant while he was travelling in a car. It is also alleged that the accused persons followed him on bikes, and one of the accused smashed the window panel of the car with some sort of weapon. It is also alleged that the one accused pushed the defacto complainant into the seat of the car, placing a sword on his neck and intimidated him. Hence, the accused committed the above offences.

The learned counsel appearing for the petitioner and the learned Public Prosecutor were heard.

After hearing the learned counsel for the petitioner and the learned Public Prosecutor and considering the fact that the petitioner was not initially arrayed as an accused and that this Court has already granted the first accused in this case anticipatory bail in B.A.No.1473/2023 dated 05.05.2023, I am inclined to grant anticipatory bail to the petitioner on the following conditions:

The petitioner is directed to surrender before the Investigating Officer on 23.11.2023, and on such surrender, the Investigating Officer can interrogate the petitioner. In the event of his arrest, the Investigating officer shall produce the petitioner before the jurisdictional court on the date of surrender itself.

2.On such production, the jurisdictional court shall release the petitioner on bail, on executing a bond for Rs.50,000/- (Rupees Fifty thousand only) by the petitioner and by two solvent sureties each for the like sum to the satisfaction of the jurisdictional court.

3.The petitioner shall cooperate with the investigation and make himself available for interrogation and investigation as and when the Investigating Officer directs him to do so.

The petitioner shall not leave India without the permission of the jurisdictional court.

The petitioner shall not intimidate the witnesses or interfere with the Investigation in any manner.

The petitioner shall not be involved in any offence while on bail.

If any of the above conditions are violated, the court concerned will be empowered to take steps for cancellation of bail as per law.

It is made clear that it is within the power of police to investigate the matter and, if necessary, to effect recoveries on the information, if any, given by the petitioner, even when the petitioner is on bail as per the judgment of the Apex Court in Sushila Aggarwal and others v. State (NCT of Delhi) and another [2021 (1) KHC 663].