Anas M And Ors vs State Of Kerala And Ors

The applicants in B.A.No.7679 of 2020 are accused Nos. 1 and 2, while the applicants in B.A.No.7795 of 2020 are accused Nos. 3 and 4 in Crime

No.518 of 2020 of Hosdurg Police Station, Kasargod, for having allegedly committed offences punishable under Sections 143, 147, 148, 341, 324, 308

read with Section 149 of the IPC. Subsequently, offences were altered to Sections 341, 324, 326 and 308 read with Section 34 of the IPC. The

prosecution case, in brief, is this:

The applicants, in furtherance of common intention, on 05.08.2020 at about 3.45 PM, wrongfully restrained the defacto complainant, in furtherance

of common intention and thereafter attacked him with dangerous weapons like iron rods and knife. Accused No.1 had hit the defacto complainant with

an iron rod, causing a fracture of his left hand and the 3rd accused allegedly caused injuries to him with a dangerous weapon like a knife. Accused

Nos. 2 and 4 were also inflicted injuries to the defacto complainant with the same iron rod that was wielded by the 1st accused and thereby they

committed the offence. The applicants had earlier approached this Court for anticipatory bail and considering the involvement of the applicants and the

nature of the offence, the application for bail was dismissed, and the applicants surrendered before the Investigating Officer on 05.11.2020 and have

been in custody since then. Accused Nos. 3 and 4 here, were involved in another Crime No.163 of 2020 of the same Police Station for offences

punishable under Sections 143, 147, 148, 341, 324, 294(b), 452 read with Section 149 of the IPC.

The applicants were granted anticipatory bail in that case and there was a condition that they shall not get involved in any other crime. But,

however, they have got involved in this Crime for 518 of 2020 during the currency of the bail. And, therefore, the bail in that crime was also cancelled

and consequently, they were arrested on 05.11.2020 and they have approached this Court again for bail by filing B.A.No.7796 of 2020. The applicants

state that they are innocent and the allegations are not true. The injuries are not life threatening. They have been in custody since 05.11.2020 and they

shall abide by any conditions that may be imposed by this Court. And, therefore, they may be released on bail

Heard the learned counsel appearing for the applicants and the learned Public Prosecutor. The learned Public Prosecutor has vehement objections

in granting of bail, in view of the fact that they had earlier violated the conditions in the bail granted to them by this Court in Crime No.163 of 2020.

Considering the fact that the applicants have been in custody since 05.11.2020, I find that no purpose would be served by further incarceration of the

applicants. And, therefore, they can be granted bail on stringent conditions.

In the result, the applications are allowed and the applicants are directed to be released on bail on the execution of bonds for Rs.50,000/-(Rupees

Fifty thousand only), each with two solvent sureties, each for the like amount to the satisfaction of the jurisdictional court and on following further

conditions:

(i) They shall appear before the Investigating Officer on all Saturdays between 9.00 AM and 12.00 PM for a period of two months or till filing of the

final report whichever is earlier.

(ii) They shall surrender their passports before the jurisdictional court and if they do not have one, file an affidavit to that effect.

(iii) They shall not intimidate or influence witnesses and tamper with evidence.

(iv) They shall not get involved in similar offences during the currency of the bail period.

In case of breach of any of the bail conditions, the prosecution shall be at liberty to apply for cancellation of the bail before the jurisdictional court.

The bail applications are allowed.