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Judgment
18 paragraphs · 340 wordsK.Haripal, J
Accused No.10 in Crime No.108/2018 of Ponnani Police Station has moved this application under Section 438 of the Cr.P.C.
The crime was registered alleging offence under Sections 143, 147, 148, 341, 294(b), 506(ii), 323, 307 read with 149 of the Indian Penal Code. The
alleged incident had happened at 11.00 p.m on 11.03.2018. It is alleged that accused persons in prosecution of their common object had attacked and
caused grievous injuries to the defacto complainant.
I heard the learned counsel for the petitioner and also the learned Public Prosecutor.
It is submitted by the learned counsel for the petitioner on the basis of Annexure A2 order of this Court dated 29.06.2021, the 6th accused has
already been granted anticipatory bail. The learned Public Prosecutor also submits that accused Nos.2 to 6 have surrendered. It is further submitted
that the alleged weapon was used by the first accused; he is still absconding.
Whatever it may be, the allegation is that the petitioner /the 10th accused was also a member of the unlawful assembly and he had acted sharing
the common object of the assembly. No specific allegation is made against him to the effect that he had used any weapon of offence. That means, his
custodial interrogation will not serve any purpose. Moreover, the person similarly situated has already been granted bail by this Court by Annexure A2
order.
In the circumstances, this application can be allowed. The petitioner is at liberty to surrender before the Investigating Officer within ten days from
today and will make himself available for interrogation; in the event of arrest, he shall be released on bail on executing bond for Rs.50,000/- (fifty
thousand rupees only) with two solvent sureties each for the like sum to the satisfaction of the Investigating Officer; he shall co-operate with the
investigation, shall not try to contact or influence the witnesses or tamper with the evidence and shall not involve in any crime during the period on bail.
Bail Application is allowed as above.