Ambadi @Sourav And Ors vs State Of Kerala

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

The applicants are accused in Crime No.656/2020 of Edakkad Police Station for having allegedly committed the offences punishable under Sections

143, 147, 148, 145, 153, 283 and 332 read with Section 149 of the I.P.C.

The prosecution case, in brief, is that on 16.12.2020 at about 5.50 PM, the applicants, were all members of an unlawful assembly and in the

prosecution of the common object of the said unlawful assembly, they committed riot armed with weapons like stone and stick and when the police

came to disperse them, they allegedly attacked the police personnel also deterred them from performing their public duty and some of the policemen

were also caused hurt in the alleged attack.

The applicants state that they have been falsely implicated and that accused 1 to 9 belong to rival political faction, but they have not participated in

the alleged incident, but they have been proceeded against due to political reasons. But the applicants are apprehending arrest because they belong to

a particular rival political party. It is because of political reasons that they have been made accused. The prosecution case itself is that of a mob of

about 250 persons had gathered there and had allegedly committed the offence. The applicants do not have any criminal antecedents and they are

willing to cooperate with the investigation and hence they seek pre-arrest bail.

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

The injury sustained to the police officers are not very grave and no serious injury has been inflicted. Most of the injuries were caused in stone-

pelting. It was a mob which attacked the police officers. The applicants have been made as accused deliberately because they are persons belonging

to a rival political party. However, they do not have any criminal antecedents, and they are willing to abide by any condition that they are imposed by

this Court for granting bail. Therefore, custodial interrogation of the applicants is not necessary as they are willing to cooperate with the investigation.

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.