Ajmal Roshan vs State Of Kerala And Ors

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

The Applicant is the 1st accused in Crime No.8 of 2021 of Medical College Police Station, Kozhikode, for having allegedly committed offences

punishable under Sections 452 and 436 R/w 34 of the Indian Penal Code.

The prosecution case, in brief is that, the applicant in presence of common intention with the other two accused on 4.1.2021 at about 11:00 PM,

trespassed into the house of the de facto complainant, after having made preparations to set fire to the motor bikes belonging to him and after having

trespassed into the property, they set on fire two motor bikes bearing Registration Nos. Kl-38-D-2370 and KL-53-Q-8644 causing a loss of

Rs.80,000/- to the defacto complainant and thus committed the offence. The applicant stated that he is only 18 years old and that he was not involved

in the alleged crime. He states that he had only dropped the other accused in front of the house of the defacto complainant on being asked to do so.

Thereafter, he had picked up from there and dropped them in the bus stand. The applicant did not know what happened inside the house or within the

compound of the de facto complainant's house. Hence, he seeks for the pre-arrest bail.

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

The learned Public Prosecutor submits that no damage, whatsoever, has caused the residence of the de facto complainant and what was damaged

were motor bikes belonging to the de facto complainant. No assault or hurt was caused to the de facto complainant. Prima facie, to attract the offence

of Section 452 of IPC, trespass should have been made after making preparations to cause hurt or intimidate or wrongfully restrain the de facto

complainant. There is no such allegation in this crime. Therefore, the offence under Section 452 IPC is not attracted in this application. Moreover, an

offence under Section 436 also may not be attracted because there is no allegation that the building house of the de facto complainant was set on fire,

what was set on fire were two motor bikes. Therefore, prima facie, an offence under Section 436 IPC is also not attracted. The applicant has no

criminal antecedents, he is only 18 years old and therefore custodial interrogation of the applicant is not necessary.

Hence, the application is allowed and the applicant is directed to surrender before the investigating officer within two weeks, and after interrogation

in the event of his being arrested, he shall be released on bail on execution of a bond for Rs.50,000/-(Rupees Fifty Thousand only) with two solvent

sureties for the like amount each to the satisfaction of the investigating officer and on the following conditions;

i. He shall not tamper with evidence, influence or intimidate witnesses.

ii. He shall appear before the investigating officer as and when called for.

iii. He shall not get involved in similar offences during the bail period.

In the event of violating the bail conditions, the prosecution shall be at liberty to apply for cancellation of bail before the jurisdictional court.