IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P.
THURSDAY, THE 7TH DAY OF APRIL 2022 / 17TH CHAITHRA, 1944 BAIL APPL. NO. 2330 OF 2022 PETITIONER:
MOHAMMED SHIHAB AGED 39 YEARS KELANDATH HOUSE, MATTOM, ALOOR, PIN - 680602 BY ADVS.
SRUTHY N. BHAT P.M.RAFIQ M.REVIKRISHNAN AJEESH K.SASI SRUTHY K.K RAHUL SUNIL MITHA SUDHINDRAN JAYAN KUTTICHAKKU(K/356/2002)
RESPONDENT:
STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 BY ADV PUBLIC PROSECUTOR SMT. SEETHA .S. (SR.PP)
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07.04.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ORDER
This is an application for anticipatory bail.
2. The petitioner is the 1st accused in Crime No.188/2022 of Guruvayoor Police Station, Thrissur district alleging commission of offences under Sections 323, 324, 342, 308 r/w Section 34 of the Indian Penal Code.
3. The allegation against the petitioner is that, the petitioner along with the other accused attacked the de-facto complainant at the instance of one Ranji. It is alleged that the aforesaid Ranji owes money to the de-facto complainant on account of a transaction between them relating to sale of a shop and in order to prevent the de-facto complainant from demanding the same, the petitioner and others who are hired gundas of aforesaid Ranji attacked the de-facto complainant and injured him.
4. The learned senior Counsel appearing for the petitioner would submit that the petitioner is absolutely innocent in the matter. It is submitted that the allegation is that the de-facto complainant was attacked with a stick and knife and he had sustained injuries on the lips and on his face. It is submitted that the only non-bailable offence alleged against is that under Section 308 of the IPC and that offence, at any rate, is not attracted in the facts and circumstances of the case.
5. The learned Public Prosecutor opposes the grant of bail mainly on the ground that the petitioner has criminal antecedents. The details of the cases registered against the petitioner are given. It is submitted that the petitioner is therefore, not entitled to anticipatory bail.
6. Having regard to the facts and circumstances of the case and considering the nature of the allegations against the petitioner, I am of the opinion that the petitioner can be granted anticipatory bail subject to conditions as his custodial interrogation does not appear to be necessary in the matter. The details of the criminal antecedents reported against the petitioner were given to me by the learned Public Prosecutor and the same does not compel me to hold that the petitioner is not entitled to be released on anticipatory bail.
7. In the result, this bail application is allowed. It is directed that the petitioner shall be released on anticipatory bail, in the event of his arrest in connection with Crime No.188/2022 of Guruvayoor Police Station, Thrissur district subject to the following conditions:-
(i) The petitioner shall execute a bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the Arresting Officer;
(ii) The petitioner shall appear before the investigating officer in Crime No.188/2022 of Guruvayoor Police Station, Thrissur district at 10.00 AM on 12.04.2022 and 13.04.2022 and thereafter whenever called upon to do so;
(iii) The petitioner shall not attempt to interfere with the investigation, influence or intimidate any witness in Crime No.188/2022 of Guruvayoor Police Station, Thrissur district;
(iv) The petitioner shall not involve in any other crime while on bail.
If any of the aforesaid conditions are violated, the Investigating officer in Crime No.188/2022 of Guruvayoor Police Station, Thrissur district may file an application before the jurisdictional Court for cancellation of bail.
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