Yaser And Ors vs Officer In Charge And Ors

The applicant in B.A.No.7263 of 2020 is the 2nd accused, while the applicant in B.A.No.7352 of 2020 is the 9th accused in Crime No.29 of 2020 of

Androth Island Police Station, UTI of Lakshadweep. The prosecution case, in brief, is this:

On 16.09.2020, at about 1.30 PM, the applicants along with other co-accused, lay in wait at CHC Androth, for the injured defacto complainant, and

when he was brought by three other persons named Mohammed Ajeer, Mohammed Noufal and Mohammed Noufar, they allegedly assaulted him and

attempted to commit culpable homicide and hence, committed offences punishable under Sections 143, 144, 147, 324, 506, 308 read with Section 149

of the IPC. The 9th accused is also involved in another Crime No.23 of 2020 of the same Police Station, which was registered against him and some

others, in connection with an incident which took place near Ballal Mosque and the injured in that case was being brought to the hospital and they had

allegedly attacked the said injured and his friends at the hospital premises is the case of the prosecution. The applicants would contest the allegations

of the prosecution by stating that they are innocent and the allegations are not true. The applicants state that they have been arrested on 24.10.2020

and have been in judicial custody since then. It is stated that they have been made a scapegoat by the Investigating Officer with whom the applicants

and some of the other accused have some dispute. And, therefore, they have been falsely implicated in this case. The applicants therefore, seek

regular bail, since no purpose will be served by further incarceration.

Heard the learned counsel appearing for the applicants and the learned Public Prosecutor. The learned Public Prosecutor submits that the

applicants have been creating constant problem in the Island and therefore, releasing them on bail would result in their getting involved in offences of

similar nature. It was earlier submitted that the applicants will have to undergo an IT parade in order to establish their identity. It is now submitted by

the learned Public Prosecutor under instructions that the IT parade is already completed. Under the circumstances, there is nothing to be recovered

from the applicants and they need not be confined anymore for the purpose of investigation. But, considering their antecedents and their involvement, I

find that they can be released on stringent conditions:

In the result, the applications are allowed and the applicants are directed to be released on bail on the execution of bonds for Rs.50,000/-(Rupees

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

conditions:

(i) They 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) They shall not intimidate or influence witnesses and tamper with evidence.

(iii) They 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 applications are allowed.