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Manu Lal And Ors vs State Of Kerala

High Court Of Kerala · Decided on 17 December 2020 · Citation: (2020) 12 KL CK 0360

HON’BLE JUDGES
Ashok Menon, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 143, 147, 148, 149, 294(b), 308, 324, 341, 427, 506
RESULT
Allowed
CASE NUMBER
Bail Application No. 8201 Of 2020
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Judgment

19 paragraphs · 372 words
1.

The applicants are accused Nos. 1, 6 and 7 in Crime No.376 of 2020 of Pathanamthitta Police Station, for having allegedly committed offences

punishable under Sections 143, 147, 148, 341, 324, 294(b), 506, 308, 427 read with Section 149 of the IPC. The prosecution case, in brief, is this:

2.

On 10.03.2020, at about 11.30 PM, the applicants, along with the other accused, who were members of an unlawful assembly and in the

prosecution of the common object of the unlawful assembly, they wrongfully restrained the defacto complainant returning home on his motorcycle and

assaulted him with iron sticks, causing injuries to him which could have proved fatal had it hit his head and they also hurled abuses at him and caused

damaged to his bike and thereby committed mischief. The applicants state that the allegations are not true and that the crime has been registered

because of political reasons and for reasons that one of the accused's sister was abused by the defacto complainant and as a counter blast, this crime

has been registered.

3.

Heard the learned counsel appearing for the applicants and the learned Public Prosecutor. The applicants do not have any criminal antecedents.

The injuries are not very grave or serious. And, therefore, I find no reason for declining anticipatory bail to the applicants.

4.

In the result, the application is allowed and the applicants are directed to surrender before the Investigating Officer within two weeks. After

interrogation, and recovery, if any, in the event of their being arrested, they shall be released on bail on the execution of bonds for Rs.50,000/-(Rupees

Fifty thousand only), each with two solvent sureties, each for the like amount to the satisfaction of the Investigating Officer and on following further

conditions:

(i) They shall appear before the Investigating Officer as and when called for and they shall co-operate with the investigation.

(ii) They shall not intimidate or influence witnesses and tamper with evidence.

(iii) They shall not get involved in similar offences during the currency of the bail period.

In case of breach of any of the bail conditions, the prosecution shall be at liberty to apply for cancellation of the bail before the jurisdictional court.

The bail application is allowed.