Muhammed Naseeb vs State Of Kerala

Shircy V, J

Application for pre-arrest bail.

This petitioner is the 11th accused in Crime No.112 of 2018 of Kilimanoor Police Station registered for the offences punishable under Sections 143,

147, 148, 149, 341, 323, 326, 354, 308 r/w Section 34 of the Indian Penal Code.

The prosecution allegation is that on 19.01.2018 at about 11.30 pm the accused have formed themselves into an unlawful assembly with the

common object to attack the defacto complainant, due to their previous enmity towards him. The defacto complainant and his wife who was along

with him had sustained injuries. The petitioner as well the other accused have also attempted to outrage the modesty of the lady along with the defacto

complainant and thereby committed the aforesaid offences.

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

According to the learned counsel for the petitioner he is aged only 20 years having no criminal antecedents. He is totally innocent of the allegations

levelled against him. But he apprehends arrest in the crime which has been registered in the year 2018.

The learned Public Prosecutor has submitted that except this petitioner all the other accused were arrested and released on bail. Now the

investigation is well in progress.

Having regard to the nature of the accusation levelled against this petitioner as well the other facts and circumstances involved in this case, I think that

this application can be disposed of directing the petitioner to surrender before the Investigating officer on 17.06.2021 at 11.00 am. Upon such

surrender, after interrogation and recording his arrest, he shall be produced before the jurisdictional Magistrate on the very same day. If a bail

application is moved by him, the jurisdictional Magistrate shall consider the same and release him on bail on the very same day subject to the following

conditions :-

(i) The petitioner shall be released on bail on executing a bond for a sum of Rs.50,000/-(Rupees fifty thousand only) with two solvent sureties for the like sum each to

the satisfaction of the Judicial First Class Magistrate Concerned.

(ii) He shall appear before the Investigating Officer for interrogation as and when required by him, in writing.

(iii) He shall co-operate with the investigation and trial of the case.

(iv) He 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.

(v) He shall not commit any offence while on bail.

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In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with the law.