Basheer vs State Of Kerala

This is an application for anticipatory bail moved by the 4th accused in crime No.256/2021 of Vattiyoorkavu Police Station, Thiruvananthapuram

District, which was registered on the basis of the First Information Statement given by one Abdul Raheem. The allegations against the petitioner and

the other accused are under Sections 294(b), 323, 324, 308 r/w 34 IPC.

In this connection, the petitioner has annexed an order of this Court in B.A.No.2502 of 2021, dated 29.03.2021, filed under Section 438 Cr.P.C, by

accused Nos. 1 and 3 in the crime. This Court has granted anticipatory bail to both of them. It is also noted that, the 2nd accused was also arrested

and released on bail. The allegation against the petitioner/4th accused, going by the First Information Statement is that, accused Nos.3 and 4 had

facilitated the 1st accused to assault the defacto complainant. The accused Nos. 1 and 3 have been granted anticipatory bail by this Court.

Even though the learned Public Prosecutor could not obtain instructions, having regard to the order of this Court dated 29.03.2021, I think there is no

hazard in granting anticipatory bail to the 4th accused also. This Court also takes notice of the fact that the petitioner is a senior citizen. Therefore, the

application is allowed subject to the following conditions:-

i) The petitioner shall surrender before the Investigating Officer within ten days from today and will make himself available for interrogation;

ii) In the event of arrest, he shall be released on bail on his executing a bond for Rs. 50,000/-(Rupees Fifty Thousand Only) with two solvent sureties

each for the like sum to the satisfaction of the Investigating Officer;

iii) He shall co-operate with the investigation, shall not try to contact or influence the witnesses or tamper with the evidence;

iv) He shall not involve himself in any crime during the period on bail;

v) He shall appear before the Investigating Officer/Court as and when required;

vi) He shall strictly follow the various guidelines issued by the State and Central Governments with respect to keeping of social distancing in the wake

of Covid 19 pandemic;

vii) If any of the above conditions are violated by the petitioner, the jurisdictional court shall be at liberty to cancel the bail, in accordance with law.