Ajmal And Ors vs State Of Kerala

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

The applicants are accused 3 to 5 in Crime No.449/2019 of Perambra Police Station for having allegedly committed the offences punishable under

Sections 452, 436 and 427 read with Section 34 of the I.P.C. and under Section 9B(1)(a)(b) of the Explosive Substances Act.

The prosecution case, in brief, is that the applicants along with two others, who were activists of S.D.P.I. had in furtherance of common intention

during the night of 01.08.2019 trespassed into the party office of a rival political party, after having made preparations to set ablaze the office and

thereafter threw explosives inside the office and set it on fire, causing a loss of Rs.one lakh by damage of property. The applicants were not

apprehended till date; whereas, accused 1 and 2 were arrested, remanded to judicial custody and thereafter they approached this Court for regular bail

under Section 439 of the Cr.P.C. and accordingly vide order dated 16.10.2019 in B.A.No.7349/2019 they were both released on bail. The applicants

were also allegedly present at the scene of occurrence in furtherance of common intention with accused 1 and 2.

The applicants state that the main allegation of throwing the explosive substance is attributed to accused 1 and 2. They were already arrested and

released on bail. And therefore, the applicants need not be incarcerated or subjected to custodial interrogation for any purpose. The incident took place

in the year 2019. The applicants are available to cooperate with the investigation, they do not intend to abscond and they also do not have any criminal

antecedents, and therefore, they seek pre-arrest bail.

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

The applicants admittedly do not have any criminal antecedents. Accused 1 and 2 were already arrested and released on bail. The applicants are

willing to cooperate with the investigation and there is no possibility of their absconding. Hence,, I find that at this length of time, custodial interrogation

of the applicants will not serve any purpose.

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.