Abhinav Shinith And Ors vs State Of Kerala

This is an application for anticipatory bail under Section 438 of Cr.P.C.

The applicants are accused in Crime No.660/2020 of Edakkad Police Station for having allegedly committed the offences punishable under Sections

143, 147, 148, 341, 323, 324 and 308 read with Section 149 of the I.P.C.

The prosecution case, in brief, is that on 16.12.2020 at about 6.00 PM, the applicants had allegedly formed an unlawful assembly and in the

prosecution of the common object of the said unlawful assembly, they wrongfully restrained the de facto complainant and assaulted him with

dangerous weapons like sticks and iron rod and the de facto complainant could have sustained grave or fatal injury, which could have ended in his

death and thus the applicants allegedly attempted to commit culpable homicide.

The applicants state that they have been implicated solely for political reasons and ten minutes prior to this incident, there was another crime

registered against them and others as Crime No.656/2020 for offences for having allegedly attacked the police officers and deterred them from

performing their duty. The applicants also state that they are innocent and the allegations are not true and no life-threatening injury has been caused to

the de facto complainant and that they do not have any criminal antecedents, and therefore, they seek anticipatory bail.

Heard the learned Counsel appearing for the applicants and the learned Public Prosecutor.

The learned Public Prosecutor admits that the applicants do not have any criminal antecedents. The injury sustained by the de facto complainant is

not life-threatening, and therefore, custodial interrogation of the applicants may not be necessary since it was an attack by a mob and the applicants

have been named in the F.I.R. The applicants are willing to cooperate with the investigation and hence they are entitled to a pre-arrest bail.

In the result, the bail application is allowed and the applicants are directed to surrender before the investigating officer within two weeks. In the event

of their being arrested, after interrogation and recovery, if any, they shall be released on bail on the execution of a bond for Rs.50,000/- (Rupees fifty

thousand only) each, with two solvent sureties for the like amount each, to the satisfaction of the investigating officer, and on the following conditions:

(i) They shall not influence or intimidate witnesses or tamper with evidence;

(ii) They shall appear before the investigating officer as and when called for and shall cooperate with the investigation; and

(iii) During the bail period, they shall not get involved 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.