Noufal T C And Ors vs State Of Kerala

This is an application filed under Section 438 of Cr.P.C seeking anticipatory bail.

The applicants are accused Nos.1 and 2 in Crime No.432/2020 of Kuttipuram Police Station, Malappuram, for having allegedly committed offences punishable under Sections 143, 147, 332, 394, 379, 506(1) of the IPC and under Sections 20 and 23 of the Kerala Protection of River Banks (Regulation and Removal of Sand) Act.

The prosecution case, in brief, is that on 11.10.2020 at about 3 a.m, the de facto complainant who is a Civil Police Officer attached to the Kuttipuram Police Station while returning from the police station after Covid-19 duty, saw a lorry bearing Reg. No.KL-02-S-2932 loaded with river sand. He directed the lorry to be stopped and while searching the lorry, the driver and another person present in the lorry fled away from there. At that time another car bearing Reg.No.KL-55-M-7088 reached there and under the leadership of the 1st accused, the de facto complainant was attacked. He was kicked on the navel and beaten up and left abandoned on the road. He was deterred from performing his duty as a public servant, and thus the crime was registered. The applicants apprehend arrest and therefore seek anticipatory bail. It is stated that the remaining accused were arrested and granted bail and therefore the applicants may grant anticipatory bail.

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

The learned Public Prosecutor points out that the 1st accused who had allegedly kicked the de facto complainant is a notorious criminal having 12 other crimes registered against him. In case he is released on bail, there is every possibility that he may get involved in offences of similar nature and the allegation against him is that of a very grave nature of attacking a policeman on duty.

The learned counsel appearing for the applicants submits that even according to the FI Statement, the de facto complainant was returning home after performing his duty and therefore he was not on duty and could not have been deterred from performing his duty as a public servant.

It is submitted by the learned Public Prosecutor that the de facto complainant had gone for Covid-19 duty and was returning from there while he saw the commission of the offence. Therefore he is assumed to be on duty at the time the alleged occurrence took place. The lorry was seized with sand.

After having heard the submissions on both sides, I find that the allegations made against the applicants are very grave. The 1st accused has other criminal antecedents also. The specific allegation is that he is the person who had kicked the de facto complainant and deterred him from doing his duty. There is no specific allegation attributed to the 2nd accused. Accused 2 has only one criminal case registered against him for having offences of similar nature of transporting sand. However, considering the fact that the 1st accused is involved in several crimes, his bail application cannot be considered. But the 2nd applicant has only one crime registered against him and he is not involved in attacking the policemen. Hence, I find that he has to be granted bail.

Under the circumstances, the application is allowed in part. The applicants are directed to surrender before the investigating officer within two weeks. In the event of their being arrested, the 2nd accused shall be released on bail on the execution of a bond for Rs.50,000/-(Rupees Fifty thousand only) with two solvent sureties for the like amount each to the satisfaction of the investigating officer and on the following conditions;

He shall not tamper with evidence, influence or intimidate witnesses.

He shall appear before the investigating officer as and when called for.

He shall not get involved in similar offences during the bail period.

In the event of violating the bail conditions, the prosecution shall be at liberty to apply for cancellation of bail before the jurisdictional court.

The first accused on his arrest shall be produced before the jurisdictional court where he is at liberty to apply for a regular bail which shall be considered and preferably disposed of on the same date.