Allowed

Afsal v. State of Kerala

Kerala HC19 Feb 2020Bail Appl./554/2020

Case brief

AI extract

What is this about?

The High Court of Kerala allowed a bail application filed by the 1st accused in a section 148 IPC case. Despite financial considerations, the court noted the petitioner's youth and lack of active role, granting bail subject to conditions.

What did the court decide?

Petitioner released on bail subject to executing a bond for Rs. 1,00,000/- with two sureties, appearance for interrogation, and compliance with standard bail conditions.

Afsal Vs State of Kerala — Anticipatory Bail | Kerala HC (2020)

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B.A.554/2020

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MRS. JUSTICE SHIRCY V.

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WEDNESDAY, THE 19TH DAY OF FEBRUARY 2020 / 30TH MAGHA, 1941

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Bail Appl..No.554 OF 2020

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AGAINST THE ORDER IN CRMP 706/2020 OF JUDICIAL MAGISTRATE OF FIRST CLASS, IRINJALAKUDA

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CRIME NO.541/2019 OF Irinjalakuda Police Station, Thrissur

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PETITIONER/ACCUSED NO.1:

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AFSAL

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AGED 22 YEARS S/O. SUAIR, AREEPURATH HOUSE, VELLOOR DESOM, PUTHANCHIRA VILLAGE, THRISSUR DISTRICT 680 682.

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BY ADVS.

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SRI.P.V.JEEVESH SRI.C.K.RADHAKRISHNAN (CHALIL)

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RESPONDENT/COMPLAINANT:

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STATE OF KERALA REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, AT ERNAKULAM 682 031.

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OTHER PRESENT:

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SREEJA.V-P.P

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19.02.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

B.A.554/2020

ORDER

Dated this the 19th day of February 2020

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Application for regular bail.

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The petitioner is the 1^st accused in Crime No. 541 of 2019 of Irinjalakuda Police Station registered for the offences punishable under Sections 143, 147, 148, 341, 323, 324 and 308 read with Section 149 of Indian Penal Code.

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The petitioner has been in custody since

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14.01.2020.

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The prosecution allegation is that, this

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petitioner, along with the other accused, had formed themselves into an unlawful assembly, armed with dangerous weapons attacked the defacto complainant due to their enmity towards him on 19.6.2019 at 16.30 hours

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and caused grievous injuries to him. In fact, the 1^st accused had hit him with a lid of a pressure cooker causing grievous injuries on his head though he tried to evade the same, apart from the other injuries caused by the other accused in the unlawful assembly.

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The learned counsel for the petitioner has submitted that the petitioner, who is aged only 22

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B.A.554/2020

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years, has absolutely no role in the alleged incident.

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But he is undergoing incarceration since 14.01.2020.

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The learned Public Prosecutor has submitted

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that the investigation of the case is well in progress. He has also criminal antecedents.

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As investigation of the case has progressed

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considerably and the petitioner has been languishing in jail since 14.01.2020, I am inclined to release him on bail.

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Therefore, this application is allowed subject to the following conditions:

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(i) The petitioner shall be released on bail on his executing a 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.

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

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(iii) 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.

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

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B.A.554/2020

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In case of violation of any of the above

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conditions, the learned Magistrate is empowered to

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cancel the bail in accordance with the law.

Sd/-

SHIRCY V.

JUDGE

Afsal v. State of Kerala

Case brief

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Afsal v. State of Kerala

Case brief

What is this about?

What did the court decide?

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