Ansil K.B @Ansal vs State Of Kerala And Ors

Appellant is the 2nd accused in Crime No.624 of 2020 of Aloor Police Station, registered for the offences punishable under Sections 341, 323, 324,

308 and 427 read with 34 of IPC, Section 118(e) of the Kerala Police Act, Sections 4(2)(a) and 5 of the Kerala Edidemic Diseases Ordinance and

Section 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act ('the Act', for short). The crime is

registered on the complaint of the 2nd respondent that, at about 2 p.m on 8.6.2020, he was beaten on his head with an iron rod by the 1st accused and

with a stick by the 2nd accused. That, the other accused had beaten him with hands and had kicked him.

The petitioner was arrested on 5.12.2020 and continues to be in judicial custody. He moved an application for bail before the Sessions Court which

stands rejected vide the impugned order. Hence, this appeal.

Learned counsel for the petitioner submitted that, even if the allegations are accepted in their entirety, no offence under the Act is made out. That,

the petitioner having been in custody from 5.12.2020 onwards, his continued incarceration will serve no purpose. It was pointed out that accused

Nos.4 and 5 were granted anticipatory bail by this Court.

Learned Public Prosecutor opposed the prayer for bail and submitted that the Sessions Court had refused bail to the petitioner finding him to be a

hardened criminal involved in six other crimes.

Learned counsel for the 2nd respondent/de facto complainant submitted that the dispute between the accused and the de facto complainant, which

had resulted in the incident leading to the registration of the crime, has been resolved amicably and that the 2nd respondent has no objection in the

petitioner being granted bail.

From the respective contentions it emerges that accused Nos.4 and 5 were granted anticipatory bail by this Court. The petitioner has been in

custody from 5.12.2020 onwards. Moreover, the dispute between the petitioner and the de facto complainant is settled. In such circumstances, bail

cannot be refused for the mere fact that the petitioner is involved in other crimes

In the result, the appeal is allowed. The order in Crl.M.C.No.1389 of 2020 is set aside. The petitioner is granted bail in Crime No.624 of 2020 of Aloor

Police Station subject to the following conditions;

I) The petitioner shall execute a bond for Rs.50,000/- (Rupees Fifty thousand only) with two solvent sureties for the like sum to the satisfaction of the

Sessions Court.

II) The petitioner shall report before the investigating officer between 10 a.m and 11 a.m on all Saturdays for a period of three months or till the final

report is filed, whichever is earlier.

III)The petitioner shall not get involved in any other offence. IV)The petitioner shall not intimidate the de facto complainant or the other witnesses.