Amal Dev vs State Of Kerala

Shircy V, J

Application for pre-arrest bail.

The petitioners are the accused Nos.2 and 4 in Crime No.361 of 2021 of Pangode Police Station registered for the offences punishable under

Sections 143, 147, 148, 149, 452, 294(b), 324, 308, 506 and 427 of the Indian Penal Code.

The prosecution allegation is that these petitioners along with the other accused have formed themselves into an unlawful assembly on 4.4.2021 and

trespassed into the residential house of the defacto complainant at about 4.10 p.m and manhandled him. They have caused injuries on his scalp and

thus attempted to commit culpable homicide.

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

The learned counsel for the petitioners has submitted that the petitioners are aged only 25 and 19 years. It is also submitted that in fact they are

totally innocent of the allegations levelled against them. But on the previous day the first accused and the defacto complainant had some altercation

between them near a petrol pump and the defacto complainant had assaulted the first accused. But no crime was registered against the defacto

complainant. Thereafter a false case has been registered against these petitioners implicating them as the accused in serious offences. In fact they

have not committed any offence as alleged by the prosecution. But they apprehend unnecessary arrest and hence, this application.

The learned Public Prosecutor has submitted that the investigation of the case is well in progress. The defacto complainant has been discharged

from the hospital though he is alleged to have sustained serious injuries. It is also submitted that the investigation of the case is well in progress.

Considering the nature of the accusations levelled against these petitioners as well the other facts and circumstances involved in this case especially

the present pandemic situation of our country, I think that anticipatory bail as prayed for by the petitioners can be granted in their favour subject to the

following conditions:

(i) The petitioners shall be released on bail on executing bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties for the like sum each in

the event of arrest by the police in connection with the above crime.

 (ii) The petitioners shall appear before the Investigating Officer for interrogation as and when required by him in writing. They shall co-operate with the

investigation of the case.

(iii) The petitioners shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him

from disclosing such facts to the court or to any police officer or tamper with the evidence.

(iv) The petitioners shall not commit any offence while on bail.

In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with the law.