Ajmal A Azeez. T vs State Of Kerala

Mohammed Nias C.P.J

Apprehending arrest in Crime No.1223/2023 of Kodungallur Police Station, Thrissur District, registered for offences punishable under Sections 143, 147, 148, 212, 341, 342, 323, 324, 308, 294(b) and 427 r/w 149 of the IPC, the petitioner/accused No. 6 has filed this petition seeking pre-arrest bail.

The prosecution allegation is that accused Nos. 1 to 9, unlawfully assembled with deadly weapons such as wooden sticks and obstructed the car bearing Registration No. KL 42 E 2402 wherein the defacto complainant and his friends were traveling. Thereafter, he was assaulted with dangerous weapons thereby causing injuries to him. It is also alleged that the damages were also caused to the car, and thereby committed the above offence.

Heard the learned senior counsel appearing for the petitioner and the learned Public Prosecutor.

Learned senior counsel submits that there is no allegation against A6 and that A7 was granted anticipatory bail by this Court vide Annexure 3 order. It is also pointed out that most of the other accused were already arrested. Under the above circumstances, considering that no overt act was initially attributed to A7 and also taking into account A3 order of this Court, I am inclined to grant anticipatory bail to this petitioner as well.

In the result, this application is disposed of with the following directions:-

i) The petitioner shall surrender before the Investigating Officer, within a period of ten days from today, for subjecting himself to interrogation.

ii) After interrogation, the petitioner shall be released on bail on the very same day of surrender upon the petitioner executing a bond for Rs 1,00,000/- (Rupees One Lakh only) with two solvent sureties each for the like sum, to the satisfaction of the Investigating Officer.

iii) The petitioner shall fully cooperate with the investigation, including subjecting himself to the deemed police custody for the purpose of recovery, if any, as and when demanded.

iv) The petitioner shall appear before the Investigating Officer between 10.00 a.m. and 11.00 a.m. every Saturday until the filing of the final report

v) The petitioner shall appear before the Investigating Officer as and when required.

vi) The petitioner shall not commit any offence of a similar nature while on bail.

vii) The petitioner shall not make any attempt to contact any of the prosecution witnesses, directly or through any other person, or in any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation.

viii) The petitioner shall not leave India without the permission of the Jurisdictional Court.

In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation of bail, if any, and pass appropriate orders in accordance with the law.