Muhammad Aashik vs State Of Kerala

Gopinath P., J

This is an application for regular bail.

The petitioner is the 3rd accused in Crime No. 2112 of 2021 of Aruvikkara Police Station, Thiruvananthapuram District, alleging commission of offences under Sections 341, 324 & 307 r/w Section 34 of the Indian Penal Code and under Section 3(a) of the Explosive Substances Act.

The allegation against the petitioner is that on 25.12.2021 at about 9.15 am, the petitioner along with other accused assaulted the de facto complainant and caused injuries to him, using dangerous weapons. It is also alleged that the 1st accused had thrown an explosive substance, which was handed over to him by the petitioner, and thereby, they frightened the de facto complainant.

The learned counsel for the petitioner submits that the petitioner is absolutely innocent in the matter. It is submitted that the petitioner has no criminal antecedents and has been falsely implicated in the case owing to certain financial disputes between the petitioner and a friend of the de facto complainant. It is submitted that the petitioner has been in custody for 85 days and his continued detention is not necessary for the purposes of any investigation.

The learned Public Prosecutor vehemently opposes grant of bail. It is pointed out that the wound certificate shows that fairly severe injuries were caused to the de facto complainant. It is submitted that if the petitioner is released on bail, there is every chance of similar offences being repeated. However, it is submitted that there are no criminal antecedents reported against the petitioner

Having regard to the facts and circumstances of the case and taking into account of the nature of allegations against the petitioner and also considering the fact that the petitioner has been in custody for 85 days and also taking into account the fact that his continued detention may not be necessary for the purpose of any investigation, I am of the view that the petitioner can be granted bail, subject to conditions. I also note that accused Nos.1 and 2 were already granted bail by this Court after about 67 days in custody.

In the result, the bail application is allowed and it is directed that the petitioner shall be released on bail subject to the following conditions:

(a) The petitioner shall execute a bond for sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional court;

(b) The petitioner shall appear before the investigating officer in Crime No. 2112 of 2021 of Aruvikkara Police Station, Thiruvananthapuram District, whenever called upon to do so;

(c) The petitioner shall not attempt to interfere with the investigation or to influence or intimidate any witness in Crime No. 2112 of 2021 of Aruvikkara Police Station, Thiruvananthapuram District;

(d) The petitioner shall not involve in any other crime while on bail.

If  any  of  the  aforesaid  conditions  are  violated,  the investigating officer in Crime No. 2112 of 2021 of Aruvikkara Police Station, Thiruvananthapuram District, may file an application before the jurisdictional court for cancellation of bail.