Anfin And Ors vs State Of Kerala

The applicants are accused Nos.1 to 3 in Crime No.861/2020 of Medical College Police Station, Thrissur for having allegedly committed offence

punishable under Sections 143, 147, 341, 323, 324, 427 and 308 r/w Section 149 of IPC.

The prosecution case, in brief, is that on 12.11.2020 at about 23.45 hours the applicants along with others were members of an unlawful assembly

and in the prosecution of the common object of the said unlawful assembly, they committed riot armed with deadly weapons like iron rods and

assaulted the de facto complainant and caused injury on his right toe and thus attempted to commit culpable homicide.

The applicants state that they are innocent and the allegations are not true. In fact, there was a scuffle, in which 3rd accused was also injured and

in consequence of that, another crime No.862/2020 was registered at the very same police station for offences punishable under Sections 341, 324,

and 308 r/w Section 34 of IPC against the de facto complainant and others. The applicants state that they do not have any criminal antecedents

except a case for a bailable offence against the 1st accused which was registered in the year 2018. Hence they pray that they may be granted regular

bail. The applicants were arrested on 13.11.2020. Recovery is already complete.

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

Recovery is already complete and the injuries are not very serious. Under the circumstances, I find no reason to incarcerate the applicants any

longer. In the result, the application is allowed and the applicants are directed to be released on bail on the execution of a bond 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 conditions:-

(i) They shall appear before the investigating officer as and when called for.

(ii) They shall not tamper with evidence, intimidate or influence the witnesses.

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

In case of violation of any bail condition, the prosecution is at liberty to apply for cancellation of the bail before the jurisdictional court.