Firoz vs State Of Kerala

This is an application filed under Section 438 of Cr.P.C seeking anticipatory bail.

The Applicant is the 5th accused in Crime No.1252 of 2020 of Palghat Town North Police Station, for having allegedly committed offences

punishable under Sections 143, 147, 148, 341, 323, 324, 308 R/w 149 of the Indian Penal Code.

The prosecution case, in brief is that, the applicant was a member of an unlawful assembly with the remaining accused and in prosecution of the

common object of the said unlawful assembly to assault the defacto complainant. They committed riot armed with dangerous weapons like iron rod

and accused nos.1 and 2 assaulted the defacto complainant after wrongfully restraining him by means of dangerous weapons like iron lever and iron

rod and caused simple hurt to him. Under such circumstances using dangerous weapons with the knowledge, if they, by their act, caused death would

be guilty of culpable homicide not amounting to murder and thereby committed the alleged offences. The applicant was a member of unlawful

assembly but there is no specific overt act that and neither was he wielding any dangerous weapon. He has no criminal antecedents and therefore, he

seeks pre-arrest bail.

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

The learned Public Prosecutor pointed out that applicant has no criminal antecedent, the 4th accused were already arrested and released on bail. The

main accusation is made against 1st and 2nd accused for having assaulted the de facto complainant with dangerous weapons, nothing is to be

recovered from the applicant and therefore the applicant is seeking for a pre-arrest bail.

Hence, the application is allowed and the applicant is directed to surrender before the investigating officer within two weeks, and after interrogation in

the event of his being arrested, he shall be released on bail on execution of a bond for Rs.50,000/-(Rupees Fifty Thousand only) with two solvent

sureties for the like amount each to the satisfaction of the investigating officer and on the following conditions;

i. He shall not tamper with evidence, influence or intimidate witnesses.

ii. He shall appear before the investigating officer as and when called for.

iii. He shall not get involved in similar offences during the bail period.

In the event of violating the bail conditions, the prosecution shall be at liberty to apply for cancellation of bail before the jurisdictional court.