Kiran vs State Of Kerala

K. Haripal, J

The 3rd accused in Crime No.361 of 2021 of Pangode police station is now before this Court seeking anticipatory bail. He, along with eight others,

faces allegations under Sections 143, 147, 148, 427, 452, 294(b), 324, 308, 506 read with 149 of the IPC. The allegation is that, the petitioner and other

accused formed into an unlawful assembly and in prosecution of their common object and armed with deadly weapons encroached in to the house of

the defacto complainant, attacked and caused him injuries.

I heard the learned counsel for the petitioner and the learned Public Prosecutor.

The learned counsel for the petitioner submits that, 2nd and 4th accused have already been granted anticipatory bail by this Court by Annexure-3

order. Accused Nos. 5 to 8 were granted anticipatory bail by the Sessions Court. So he seeks that the petitioner also may be released on bail.

The learned Public Prosecutor submits that, the accused had assaulted and injured the defacto complainant using a wooden log, which has already

been seized under a mahazar. There is also an NDPS crime against him. Whatever it may be, so long as the weapon of offence has already been

seized under a mahazar, his custodial interrogation is not warranted. I also take note of the fact that accused Nos. 2 and 4 to 8 have already been

granted anticipatory bail.

In the circumstances, the petitioner shall be at liberty to surrender before the Investigating Officer within ten days from today and will make himself

available for interrogation; in the event of arrest, he shall be released on bail on executing bond for Rs.50,000/- (Rupees fifty thousand rupees only)

with two solvent sureties each for the like sum to the satisfaction of the Investigating Officer; he shall co-operate with the investigation, shall not try to

contact or influence the witnesses or tamper with evidence and shall not involve in any crime during the period on bail.

Bail Application is allowed as above.