Ananthu vs State Of Kerala

Shircy V., J

Apprehending arrest in connection with Crime No.900/2021 of Karunagappally Police Station, Kollam District registered for the offences

punishable under Sections 143, 147, 294(b), 341, 323, 324, 332, 353, R/w 149 of the Indian Penal Code, this petitioner has moved this application under

Section 438 of the Code of Criminal Procedure.

The prosecution allegation is that on 25.06.2021 at about 17.45 hours, the defacto complainant along with the police personnel attached to the

Karunagappally Police Station proceeded to the residence of the 1st accused for an enquiry with respect to a complaint received from one person

against the 1st accused. At that time this petitioner along with the other accused have formed themselves into an unlawful assembly and with the

object to obstruct them from discharging their official duties, attacked them and caused injuries and thereby committed the aforesaid offences.

The learned counsel for the petitioner would submit that this petitioner, who is aged only 21 years is totally innocent of the allegations levelled

against him. It is also pointed out by the learned counsel that the defacto complainant has not sustained any injuries as alleged by the prosecution. The

petitioner has no criminal antecedents but he apprehends arrest in this case as the defacto complainant is a police personnel.

The learned Public Prosecutor submits that the investigation of the case is over and charge sheet has been submitted before the jurisdictional court

as early as on 16.12.2021.

It is fairly submitted by the learned Public Prosecutor that custodial interrogation is not required in the case, as investigation is already over and charge

sheet has been submitted before the jurisdictional court. Moreover, this petitioner is aged only 21 years and he has absolutely no criminal antecedents.

It is also to be noted that the earlier application filed by this petitioner was disposed of by this Court on 30.09.2021, but till date he was not

apprehended by the investigating agency. Taking into account of all these facts, I am inclined to grant pre-arrest bail to him subject to the following

conditions:

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

the satisfaction of the investigating officer in the event of his arrest.

(ii) He shall co-operate with the trial of the case.

(iii) He 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.

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

In case  of violation of any of the above conditions, the jurisdictional court is empowered to cancel the bail in accordance with

the law.