Muhammed Ashkar vs State Of Kerala

Shircy V., J

Application for regular bail.

The petitioner is the 2nd accused in Crime No.434 of 2021 of Cherthala Police Station, Alappuzha District registered for the offences punishable under Sections 143, 147, 148, 120(B), 94(B), 341, 324, 326, 307 and 302 read with Section 149 of the Indian Penal Code and Section 27 of the Arms Act.

The prosecution allegation is as follows:

The petitioner is a member of SDPI. The deceased was a member of BJP. Political rivalry was existing between two groups. The petitioner along with the other accused owing to their political enmity towards the deceased and his party, on 24.02.2021 formed an unlawful assembly, armed with deadly weapons with the intention to commit murder of the deceased, attacked him as well as his friends with deadly weapons and inflicted fatal injuries on the head of the deceased. His friends also sustained grievous injuries in the attack, due to political rivalry. Thereby, they have committed the aforesaid offences.

Heard the learned counsel for the petitioner as well the learned Public Prosecutor.

The learned counsel for the petitioner would submit that he has not committed any offence as alleged by the prosecution. It is also pointed out that out of 40 accused persons, most of the accused persons had already been released on bail by this court. This petitioner is not having any criminal antecedents. Hence, this application.

This petitioner was arrested on 11.08.2021. The recovery of the weapon alleged to have been used by this petitioner to cause death of the deceased had also been effected. The investigation of the case is practically over and what is left back is the arrest of the 18th accused. Out of the 40 accused, 39 accused had already been arrested and most of them are on bail.

Considering the fact that the investigation of the case is nearing completion and that the petitioner has no criminal antecedents, I am inclined to release him on bail subject to the following conditions:

(i) The petitioner shall be released on bail on each of them executing bond for a sum of Rs. 1,00,000/- (Rupees one lakh only) with two solvent sureties for the like sum each to the satisfaction of the court having jurisdiction.

(ii) The  petitioner  shall  not  directly  or  indirectly,  make  any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence.

(iii) The petitioner shall not commit any offence while on bail.

In  case  of  violation  of  any  of  the  above  conditions,  the jurisdictional court is at liberty to cancel the bail in accordance with the law.