Renjith vs State Of Kerala And Ors

This is an application filed under Section 438 of the Code of Criminal Procedure. Petitioners are accused Nos. 3 and 5 in crime No. 314/2021 of Aryanadu Police Station.

I heard the counsel on both sides.

The petitioners submit that, even though the petitioners were also allegedly members of an unlawful assembly, there is no allegation that they have used any weapon; the alleged weapon was used by the 1st accused that he was arrested, after recovering the weapon he has been released on bail. Similarly the 4th accused also has been granted bail.

Heard the learned Public Prosecutor also; there is nothing to say that the petitioners had used any weapon of offence and there is nothing to be recovered from them. That means their custodial interrogation is not warranted. On these considerations, the bail application is allowed, subject to the following conditions:-

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

ii) In the event of arrest, petitioners shall be released on bail on their executing bond for Rs. 50,000/-(Rupees Fifty Thousand Only) each with two solvent sureties each for the like sum to the satisfaction of the Investigating Officer;

iii) They shall co-operate with investigation, shall not try to contact or influence the witnesses or tamper with the evidence;

iv) They shall not involve themselves in any crime during the period on bail;

v) They shall appear before the Investigating Officer/Court as and when required;

vi) They shall strictly follow the various guidelines issued by the State and the 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 petitioners, the jurisdictional court shall be at liberty to cancel the bail, in accordance with law.

The application is allowed as above.