Ageesh Lal vs Indiramma

Viju Abraham , J.

This is an application for regular bail.

Petitioner is the 1st accused in Crime No.615 of 2022 of the Koyilandy Police Station, Kozhikode District registered alleging commission of offences punishable under Sections 143, 147, 341, 324, 506, 308 and 149 of the Indian Penal Code.

The prosecution case is that on 20.09.2022 at 09.30 p.m., petitioner along with other accused in prosecution of their common object formed themselves into an unlawful assembly and committed rioting, wrongfully restrained the informant who with his friends were engaged in a mediation talk near Maruthur Vazhakkandi Temple. Thus the accused have committed the abovesaid offences.

Though the petitioner earlier moved an application for anticipatory bail before this Court, it was rejected by Annexure-2 order. Thereafter the petitioner surrendered on 05.11.2022 and is in custody since then. Petitioner has a specific contention that he has been falsely implicated in the abovesaid crime and further that recovery has already been effected and therefore, his continued detention is not required for the purpose of investigation. Petitioner also submits that he has no other criminal antecedents.

Learned Public Prosecutor opposed the application for bail mainly contending that the petitioner had attacked the defacto complainant with an axe and that the brother of the defacto complainant had sustained serious injuries in the incident. Learned Public Prosecutor upon instructions further submitted that recoveries have already been effected and that the petitioner has no other criminal antecedents.

Considering the facts and circumstances of the case and the detention of the petitioner from 05.11.2022 onwards and also taking into consideration the fact that the petitioner has no other criminal antecedents, I am inclined to grant bail to the petitioner. In the result, the bail application is allowed. It is directed that the petitioner shall be released on bail subject to the following conditions:

(i) The petitioner shall execute a bond for Rs.50,000/-(Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional court.

(ii) He shall appear before the investigating officer in Crime No.615 of 2022 of the Koyilandy Police Station, Kozhikode District on all Saturdays at 11.00 a.m. until filing of final report.

(iii) He shall not attempt to interfere with the investigation or to influence any witness in the abovesaid crime.

(iv) He shall not involve in any other crime while on bail.

If  any  of  the  aforesaid  conditions  are  violated,  the investigating officer in Crime No.615 of 2022 of the Koyilandy Police Station, Kozhikode District may file an application before the jurisdictional court, for cancellation of bail.