Afsal vs State Of Kerala And Anr

The applicant is the 1st accused in Crime No.237/2020 of Ochira Police Station for having allegedly committed offences punishable under Sections

341, 427, 324 and 308 r/w Section 34 of IPC.

The prosecution case, in brief, is that on 24.02.2020 at about 9 p.m. the applicant along with seven other accused in furtherance of common

intention wrongfully restrained the de facto complainant near Ochira public road while he was coming in a car. Thereafter, the applicant allegedly

sprayed some noxious gas on his face soon after he got out from his vehicle and thereafter attacked him with iron rod causing serious injuries all over

his body.

The applicant had approached this Court for anticipatory bail stating that he was involved in an accident and therefore the prosecution case is totally

unbelievable. The application for anticipatory bail was rejected and he was directed to surrender before the investigating officer. Accordingly, he

surrendered on 17.11.2020 and has been in custody since then. The recovery is complete. The applicant seeks regular bail. His bail application before

the Sessions Court was dismissed. Therefore, he seeks indulgence of this Court.

Heard the learned counsel for the applicant and the learned Public Prosecutor.

The learned Public Prosecutor submits that the applicant is involved in four other crimes. Therefore, releasing him on bail would only result in his

getting involved in offences of similar nature and also causing a threat to the witnesses including the de facto complainant.

The learned counsel for the applicant submits that out of the four cases, which were registered against him two ended in acquittal. There are only

two cases remaining. The offences alleged against him are not very grave in nature. Therefore the applicant undertakes to abide by any conditions

that may be imposed for granting him a bail.

After having heard the submissions made on both sides, I find that the applicant has been in custody since 17.11.2020. Considering the present

pandemic situation and the fact that the recovery has been effected, further incarceration of the applicant may not be necessary. But considering his

antecedents, stringent conditions can be imposed.

In the result, the application is allowed. The applicant is directed to be released on bail on execution of bond for Rs.50,000/-(Rupees fifty thousand

only) with two solvent sureties, each for the like amount to the satisfaction of the jurisdictional court and on following conditions:-

(i) He shall appear before the investigating officer on all Mondays between 9 a.m. and 12 noon for a period of two months or till the filing of final

report, whichever is earlier.

(ii) He shall not get involved in similar cases during the currency of the bail.

(iii) He shall not tamper with evidence, intimidate or influence the witnesses .

In case of violation of the bail conditions, the prosecution is at liberty to move for cancellation of the bail before the jurisdictional court.