Allowed

Ashik J v. State of Kerala

Kerala HC14 Sept 2021Bail Appl./6304/2021

Case brief

AI extract

What is this about?

The High Court of Kerala granted anticipatory bail to the first accused, Ashik J, facing charges of unlawful assembly and assault. The court noted other accused were on bail and a weapon was recovered, imposing standard conditions on bond execution and cooperation with investigation.

What did the court decide?

Anticipatory bail granted subject to execution of Rs. 50,000 bond, two sureties, appearance before investigation officer, and no inducement/tampering.

Ashik J Vs State of Kerala — Anticipatory Bail | Kerala HC (2021)

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BAIL APPL. NO. 6304 OF 2021

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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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TUESDAY, THE 14^TH DAY OF SEPTEMBER 2021 / 23RD BHADRA, 1943

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BAIL APPL. NO. 6304 OF 2021

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AGAINST THE ORDER/JUDGMENT IN CRMC 900/2021 OF ADDITIONAL DISTRICT COURT & SESSIONS COURT - VI, THIRUVANANTHAPURAM,

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THIRUVANANTHAPURAM

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(CRIME NO.361 OF 2021 OF PANGOD POLICE STATION,

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THIRUVANANTHAPURAM)

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PETITIONER/ACCUSED NO.1

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ASHIK J AGED 27 YEARS S/O. JAYAJI, JR MANDIRAM, KALLARA, THIRUVANANTHAPURAM695608.

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BY ADV LIJU. M.P

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RESPONDENT/STATE:

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STATE OF KERALA

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REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031.

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OTHER PRESENT:

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SREEJA.V -SR.P.P

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 14.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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BAIL APPL. NO. 6304 OF 2021

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ORDER

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Application for pre-arrest bail.

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The petitioner is the first accused in Crime No.361 of 2021 of Pangode Police Station registered for the offences punishable under Sections 143, 147, 148, 149, 452, 294(b), 324, 308, 506 and 427 of the Indian Penal Code.

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The prosecution allegation is that the petitioner along with the other accused have formed themselves into an unlawful assembly on 4.4.2021 and trespassed into the residential house of the defacto complainant at about 4.10 p.m and manhandled him. They have caused injuries on his scalp and thus attempted to commit culpable homicide.

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Heard the learned counsel for the petitioner and the learned Public Prosecutor.

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The learned counsel for the petitioner has submitted that the petitioner is aged only 27 years with no criminal background. It is also submitted that in fact he is totally innocent of the allegations levelled against him. But on the previous day the petitioner and the defacto complainant had some altercation between them near a petrol pump and the defacto complainant had assaulted him. But no crime was registered against the defacto complainant. Thereafter a false case has

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BAIL APPL. NO. 6304 OF 2021

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been registered against him implicating him as the accused in serious offences. In fact he has not committed any offence as alleged by the prosecution. But he apprehends unnecessary arrest and hence, this application.

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The learned Public Prosecutor has submitted that the investigation of the case is well in progress. The defacto complainant has been discharged from the hospital though he is alleged to have sustained serious injuries. It is also submitted that the investigation of the case is well in progress.

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Of course this petitioner is having a case that he was attacked by the defacto complainant on the previous day and he sustained injuries from the hands of the defacto complainant. Be he did not produce any documents to substantiate the said contention. But it is a fact that all the other accused persons have been granted bail either by this Court or by the Sessions Court. Since the recovery of the weapon used by this petitioner to attack the defacto complainant had already been effected, I think that anticipatory bail as prayed for by the petitioner can be granted in his favour subject to the following conditions:

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

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BAIL APPL. NO. 6304 OF 2021

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connection with the above crime.

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(ii) The petitioner shall appear before the Investigating Officer for interrogation as and when required by him in writing. They shall cooperate with the investigation of the case.

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

Sd/-

SHIRCY V.

smm

JUDGE

Ashik J v. State of Kerala

Case brief

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Ashik J v. State of Kerala

Case brief

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