Shanavas vs State Of Kerala

Viju Abraham, J

This is an application for anticipatory bail.

Petitioner is the 2nd accused in Crime No.167 of 2021 of Nedupuzha Police Station, Thrissur District registered alleging commission of offences punishable under Sections 120B and 116 r/w Section 34 of IPC.

The prosecution case is that, accused No.1 is the wife of the defacto complainant on a day before 16.02.2021, accused No.1 along with accused Nos.2 and 3 entered into a criminal conspiracy in order to cut the hand and leg of the defacto complainant and to commit murder of the defacto complainant.

The petitioner submits that he is falsely implicated the above said crime.

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

The learned Public Prosecutor upon instructions submitted that it is from the voice clip produced by the defacto complainant that it has come to know that the petitioners have committed the alleged offence. The 1st accused surrendered before the investigating officer and thereafter was released on bail by the jurisdictional court.

Having regard to the facts and circumstances of the case, and considering the nature of the allegations against the petitioner and that the 1st petitioner is already released on bail, I feel that the petitioner can be granted pre-arrest bail.

In the result, this application is allowed. It is directed that the petitioner shall be released on bail, in the event of arrest in crime No.167 of 2021 of Nedupuzha Police Station subject to the following conditions:-

(i)  The  petitioner  shall  execute  bond  for  a sum of Rs.25,000/- (Rupees twenty five thousand only) with two solvent sureties each for the likesum to the satisfaction of the Arresting officer;

(ii) The petitioner shall appear before the investigating officer in Crime No.167 of 2021 of Nedupuzha Police Station on all Saturday at 11.am till charge sheet is filed;

(iii) The petitioner shall not attempt or interfere with the investigation or to influence or intimidate any witness in Crime No.167 of 2021 of Nedupuzha police station;

(iv) The petitioner shall not involve in any other crime while on bail;

If any of the aforesaid conditions are violated, the investigating officer in Crime No.167 of 2021 of Nedupuzha Police station may file an application before the jurisdictional Court, for cancellation of bail.