Ashiq vs State Of Kerala

A. Badharudeen, J

This is an application for regular bail filed by the 3rd accused in Crime No.1350 of 2021 of Karunagappally Police Station, where by he alleged to have committed offences under Sections 143, 144, 147, 341, 324, 307, r/w 149 and 34 of the Indian Penal Code, 1860.

Heard the learned counsel for the petitioner as well as the learned Public Prosecutor.

The prosecution case is that, on 12.10.2021, at about 8.30 pm the accused herein formed into an unlawful assembly with the knowledge that they are all members of the said assembly with an intention do away one Mr. Hafis, due to previous animosity. Thereafter, in prosecution of such common intention they attacked the above said Hafis and his friends Bilal and Afsal. But they survived.

While canvasing regular bail to the 3rd accused in this case, it is submitted by the learned counsel for the petitioner that the petitioner has no criminal antecedents. He submitted further that the recovery from the 3rd accused also was affected and his further custody for the purpose of investigation is not required in a case where the petitioner is having no criminal antecedents.

It is submitted by the learned Public Prosecutor that the petitioner has no criminal antecedents and also he conceded progress in investigation.

On scrutiny of the report submitted by the learned Public Prosecutor, it could be gathered that the investigation is practically over and the further custody of the petitioner, who is a first time offender is not required further. Therefore, he can be enlarged on bail, on conditions.

In the result, the application is allowed on conditions:

The petitioner shall be released on bail on his executing bond for Rs.50,000/- with two solvent sureties, each for the like amount to the satisfaction of the Magistrate court concerned.

The petitioner shall co-operate with COVID-19 restrictions.

The petitioner shall not intimidate the witnesses or tamper with evidence. He shall co-operate with the investigation and shall be available for trial.

The petitioner shall appear before the Investigation Officer as and when directed.

The petitioner 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 or to any police officer.

The petitioner shall not involve in any other offence during the currency of bail and any such event, if reported or came to the notice of this Court, the same shall be a reason to cancel the bail hereby granted.