IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN TUESDAY, THE 16^TH DAY OF MAY 2023 / 26TH VAISAKHA, 1945 BAIL APPL. NO. 2967 OF 2023 CRIME NO.322/2023 OF IRINJALAKKUDA POLICE STATION, THRISSUR PETITIONER/ACCUSED NO.6:

SHEHIM K A AGED 24 YEARS, S/O ABDUL KAREEM, KOZHIKATT HOUSE, P.O.VELLANGALLUR, THRISSUR, PIN – 680 662.

BY ADVS.

A.RANJITH NARAYANAN A.SIMI RESPONDENT/STATE:

STATE OF KERALA THE SUB-INSPECTOR, IRINJALAKKUDA POLICE STATION, (THRISSUR RURAL) THRISSUR- 680125 REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN – 682 031.

BY ADV. SRI.RENJITH GEORGE, Sr.P.P THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16.05.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

O R D E R

This is an application filed under Section 438 of the Code of Criminal Procedure.

2. Petitioner is the 6^th accused in Crime No. 322/2023 of Irinjalakkuda Police Station, Thrissur District, alleging commission of offences punishable under sections 143, 147, 148, 452, 341, 323, 324, 326, 506, 294(b), 308 r/w 149 of the Indian Penal Code. The crime was registered on the allegation that the accused, 10 in number, formed themselves into an unlawful assembly and attacked the de-facato complainant and his friends with a baseball bat. The further allegation is that, in spite of the de-facto complainant and his friends taking shelter in a house, the accused followed them and the 1^st and 2^nd accused assaulted the de-facto complainant and his friends.

3. Learned counsel for the petitioner submitted that the petitioner is totally innocent of the offences alleged against him and even going by the de-facto complainant’s version, no overtact is alleged against the petitioner. It is submitted that the accused Nos.3, 5 and 9 are enlarged on bail and hence custodial interrogation of the petitioner is no longer required.

4. I heard the learned Public Prosecutor also.

5. Having carefully gone through the First Information Statement, I find substance in the submission that the petitioner’s involvement in the alleged offence is minimal. Moreover, some of the other accused having been enlarged on bail, custodial interrogation of the petitioner may not be necessary.

Accordingly, the bail application is disposed of with the following directions.

(i) Petitioner shall appear before the investigating officer within two weeks.

(ii) The investigating officer shall interrogate the petitioner and in the event of arrest, the petitioner shall be released on bail, on executing a bond for Rs.25,000/- (Rupees Twenty Five Thousand Only) with two solvent sureties for the like amount.

(iii) Petitioner shall not get involved in any similar offence during the pendency of bail and shall not, in any manner, intimidate or influence the witnesses.

(iv) Petitioner shall co-operate with the investigation and appear before the investigating officer as and when required.

If any on of the above condition is violated, the investigating officer can approach the jurisdictional court for cancellation of bail.

Sd/-

V.G.ARUN JUDGE ats