Tiljo Joseph vs State Of Kerala

K.Haripal, J

The 3rd accused in Crime No.271 of 2021 of Kalady Police Station, Ernakulam is before Court seeking anticipatory bail under Section 438 of the

Cr.P.C.

According to the learned counsel, the crime was registered alleging offences under Sections 143, 144, 148, 323, 324, 201, 212 and 307 read with

Section 149 of the IPC. The learned counsel submits that the petitioner did not use any weapon of offence, he has been implicated solely after

watching the CCTV visuals, seeing his presence and also having regard to the fact that he has criminal antecedents. He is prepared to co-operate

with the investigation.

The learned Public Prosecutor submits that the prosecution has no case that he had used any weapon of offence but his presence is very much

evident. He had also shared the common object of the unlawful assembly. Whatever it may be, so long as he had not used any weapon of offence and

since the question of any recovery does not arise, his custodial interrogation is not necessary. Of course, it was an unlawful assembly so that

identification of the culprits is an important factor for which he can be made to be present either at the time of his surrendering or on subsequent

occasions, as insisted by the Investigating Officer.

Therefore, the petitioner shall be at liberty to surrender before the Investigating Officer within ten days from today and will make himself available for

interrogation; in the event of arrest, he shall be released on bail on executing bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent

sureties each for the like sum to the satisfaction of the Investigating Officer; he shall co-operate with the investigation, shall not try to contact or

influence the witnesses or tamper with the evidence and shall not involve in any crime during the period on bail.

This bail application is allowed as above.

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