Shafeeq vs Officer In Charge Station House Officer

The applicant is the 1st accused in Crime No.23 of 2020 of Androth Island Police Station, UTI of Lakshadweep, for having allegedly committed

offences punishable under Sections 143, 147, 148, 341, 440, 506(1) and 324 read with Section 149 of the IPC. Later Section 308 IPC was also

incorporated. The prosecution case, in brief, is this:

On 16.09.2020, at about 1.00 PM, near Chemmacheri in front of the Ballal Mosque, the applicant was member of an unlawful assembly, and in

prosecution of the common object of that unlawful assembly, he along with the others, attacked the defacto complainant, who was riding a motorcycle,

after he was wrongfully restrained and assaulted with dangerous weapons like wooden reaper and he was also assaulted with hands and kicked

brutally on the stomach and chest and thus committed the offence. The applicant states that he is innocent and the allegations are not true. The

applicant was arrested on 24.10.2020 and he has been in custody since then. The applicant states that no purpose will be served by further

incarceration of the applicant. And, therefore, he may be granted bail.

Heard the learned counsel appearing for the applicant and the learned Public Prosecutor. The learned Public Prosecutor points out that the accused

involved in this crime had to be identified by means of an IT parade. And, now that, IT parade has already been conducted by the Magistrate

concerned, there is nothing to be recovered from the applicant. He has some criminal antecedents since he is involved in another crime also. But, that

wouldn't prevent the applicant from being released on bail, considering the gravity of the injury and the manner in which he was involved in this crime.

In the result, the application is allowed and the applicant is directed to be released on bail on the execution of a bond for Rs.50,000/-(Rupees Fifty

thousand only), with two solvent sureties, each for the like amount to the satisfaction of the jurisdictional court and on following further conditions:

(i) He shall appear before the Investigating Officer on all Mondays between 9.00 AM and 12.00 PM for a period of two months or till filing of the

final report whichever is earlier.

(ii) He shall not intimidate or influence witnesses and tamper with evidence.

(iii) He shall not get involved in similar offences during the currency of the bail period.

In case of breach of any of the bail conditions, the prosecution shall be at liberty to apply for cancellation of the bail before the jurisdictional court.

The bail application is allowed.