Midhun Simon vs State Of Kerala

This is an application for anticipatory bail moved by the 3rd accused in Crime No.130/2020 of Aluva East Police Station, Ernakulam. The allegations against the petitioner and other accused are punishable under Sections 452, 294(b), 323, 324, 506 (ii) read with 34 of IPC.

The prosecution case is that on 07.02.2020 at about 00.30 a.m., the petitioner along with the 1st and 2nd accused trespassed into a hotel room at Paravur Kavala owned by the defacto complainant and attacked and intimidated the owner of the hotel. When the defacto complainant and his brother questioned this, the accused persons attacked them by clouting on his back and stamped him after pushing him down. Thereafter, the 1st accused hit the defacto complainant with a wood reaper and when he fell down, the 2nd and 3rd accused stamped him, thereby the accused have committed the offences.

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

The learned counsel for the petitioner submitted that the 2nd accused has already been granted anticipatory bail by this Court; the 1st accused is also on bail.

The learned Public Prosecutor submitted that the final report has already laid by the police. In such a circumstance, judicial custody of the petitioner is not necessary.

The bail application is allowed subject to the following conditions:-

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

ii) In the event of arrest, the petitioner 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 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 trial 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.