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Judgment
This Bail Application filed under Section 439 of the Criminal Procedure Code was heard through Video Conference.
The applicant is the 19th accused in Crime No. 758 of 2020 of Ramankary Police Station, Alappuzha District for having allegedly committed
offences punishable under Sections 143, 147, 148, 188, 323, 324, 341, 294(b), 333, 332, 307, 506, 120B and 427 read with S. 149, and under S. 3(2) of
Prevention of Damage to Public Property Act 1984 and Section 27 of Arms Act 1959.
The prosecution case, in brief, is that, on 11.12.2020, while the de facto complainant who is the S.I. of Ramankary Police station was engaged in
night patrolling duty at about 2.00 a.m., the applicant and other 29 persons formed an unlawful assembly and in the prosecution of the common object
of that unlawful assembly to disobey an order of the civil court against them with regard to a disputed pathway, they blatantly violated the order and
attempted to cut open the pathway and also cut down 70 coconut trees standing in the property. When the police officers came to prevent them from
them violating the order of the court, they attacked the policemen with stones, and some of the accused attacked them with sword and stick and at
about 5 to 6 police officers were injured.
The applicant was arrested on 30.12.2020. The specific allegation against him is that he had pelted stones as a member of the unlawful assembly.
He claims that he has no criminal antecedence and he is willing to abide by any conditions. Custodial interrogation of the applicant may not be
necessary and therefore, he seeks regular bail.
Heard the learned counsel appearing for the applicant and the learned Public Prosecutor.
The applicant is implicated mainly by virtue of Section 149 of the IPC. He had also joined the other accused in pelting stones at the police officers
and prevented them from carrying out their duty as public servants. He has been incarcerated since 30.12.2020 and nothing is recovered from him. He
also does not have any criminal antecedents. I find no apprehension about his absconding and not co-operate with the investigation.
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 Saturdays between 9.00 am to 12.00 noon for a period of three months or till filling of the
final report.
(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.