Hussain And Ors vs State Of Kerala

This is an application for anticipatory bail moved by accused Nos.4 to 7 in crime No.457/2021 of Varkala Police Station in Thiruvananthapuram rural police district, which was registered alleging offences punishable under Sections 341,294(b),323,324,506(ii),427,308 read with Section 34 of the Indian Penal Code.

I heard the learned counsel for the petitioners as well as the learned Public Prosecutor.

The learned counsel submits that by Annexure 2 order dated 17.03.2021, the accused Nos. 1 to 3 have already been granted anticipatory bail by this Court. Inviting my attention to paragraph 5 of the order dated 17.03.2021 on Bail Application No. 2050/2021, he said that the weapon for the crime was used by the first accused and he has been granted anticipatory bail. Secondly, there is a counter case as crime No.458/2021 registered at the instance of the grand daughter of the first accused and these petitioners had only tried to resist the attempt against that lady, which was registered under Section 354 of the IPC.

After hearing counsel on both sides and in the light of the fact that there is a counter case and also taking into account the fact that the accused Nos.1 to 3 have already been granted anticipatory bail, these petitioners also can be granted bail, in the event of arrest, subject to the following conditions:-

i) The petitioners shall appear before the Investigating Officer within seven days from today and will make themselves available for interrogation;

ii) In the event of arrest, the petitioners shall be released on bail on their executing bond for Rs. 50,000/-(Rupees Fifty Thousand Only) each with two solvent sureties each for the like sum to the satisfaction of the Investigating Officer;

iii) They shall co-operate with the investigation, shall not try to contact or influence the witnesses or tamper with the evidence;

iv) They shall not involve themselves in any crime during the period on bail;

v) They shall appear before the Investigating Officer/Court as and when required;

vi) They shall strictly follow the various guidelines issued by the State and Central Governments with respect to keeping of social distancing in the wake of Covid 19 pandemic;

vii) If any of the above conditions are violated by the petitioners, the jurisdictional court shall be at liberty to cancel the bail, in accordance with law.