Syamkrishnan vs State Of Kerala And Anr

This is an application for anticipatory bail under Section 438 of Cr.P.C.

The applicant is the 12th accused in Crime No.1143/2020 of Peroorkada Police Station for having allegedly committed the offences punishable

under Sections 143, 147, 148, 342, 323, 324, 326, 308, 120B and 212 read with Section 149 of the I.P.C. and under Sections 4(2)a and 4(2)d of the

Kerala Epidemic Disease Ordinance, 2020.

The prosecution case, in brief, is that on 21.07.2020 at about 7.00 PM as a result of the conspiracy hatched by the accused persons in this crime,

totalling 14 in number, they formed an unlawful assembly and in the prosecution of the common object of the said unlawful assembly, they wrongfully

confined the de facto complainant, and thereafter, attacked him with dangerous weapons like an iron rod, sword and helmet and caused fractures to

his ribs and vertebrae and injuries to his shoulder, and thus attempted to commit culpable homicide.

The applicant states that he is innocent and the allegations are not true. The allegation against him is that he was riding the motorcycle on the pillion

of which one of the prime accused was sitting with a sword. The applicant, therefore, seeks anticipatory bail.

Heard the learned Counsel for the applicant and the learned Public Prosecutor.

Accused 9 and 10 have been granted anticipatory bail specifically for the reason that they were not wielding any weapon and did not have any

active involvement in the crime. The applicant is also alleged to be part of the conspiracy, that apart he was not wielding any weapon. He has also no

criminal antecedents. Under the circumstances, I find that the applicant need not be incarcerated and he is willing to cooperate with the investigation.

In the result, the bail application is allowed and the applicant is directed to surrender before the investigating officer within two weeks. After

interrogation and in the event of his being arrested, he shall be released on bail on the execution of a bond for Rs.50,000/- (Rupees fifty thousand

only), with two solvent sureties for the like amount each, to the satisfaction of the investigating officer, and on the following conditions:

(i) He shall not influence or intimidate witnesses or tamper with evidence;

(ii) He shall appear before the investigating officer on all Saturdays between 9.00 AM and 12.00 noon for a period of two months or till the final report

is filed, whichever is earlier; and

(iii) During the bail period, he shall not get involved in any similar offences.

In case of breach of the bail conditions, the prosecution shall be at liberty to apply for cancellation of the bail before the jurisdictional court.