Kerala High Court
Ashkar vs State Of Kerala on 30 July, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE K.HARIPAL
FRIDAY, THE 30TH DAY OF JULY 2021 / 8TH SRAVANA, 1943
BAIL APPL. NO. 4400 OF 2021
IN CRIME NO. 406 OF 2021 OF KUNNAMKULAM POLICE STATION, THRISSUR DISTRICT
AGAINST THE ORDER/JUDGMENT IN CRMC 722/2021 OF DISTRICT COURT & SESSIONS
COURT,THRISSUR, THRISSUR
PETITIONER/ACCUSED NOS.3, 4, 7 AND 8:
1 ASHKAR
AGED 21 YEARS
S/O.ABBAS, AYINIPPARA HOUSE, P.O.PERUMTHURITHY, PERUMTHURITHY
VILLAGE, KUNNAKULAM TALUK, THRISSUR - 680 503.
2 ANWAR
AGED 23 YEARS
S/O.ABBAS, AYINIPPARA HOUSE, P.O.PERUMTHURITHY, PERUMTHURITHY
VILLAGE, KUNNAMKULAM TALUK, THRISSUR - 680 503.
3 SHUHAIB K.M.
AGED 21 YEARS
S/O.MUHAMMED, KOTTILINGAL HOUSE, P.O.PERUMTHURITHY, PERUMTHURITHY
VILLAGE, KUNNAMKULAM TALUK, THRISSUR - 680 503.
4 ADHIL N.A.
AGED 22 YEARS
S/O.ABDUL HAKEEM, NAMBIAR VALAPPIL HOUSE, PERUMTHURITHY,
PERUMTHURITHY VILLAGE, KUNNAMKULAM TALUK, THRISSUR - 680 503.
BY ADVS.
K.R.ARUN KRISHNAN
DEEPA K.RADHAKRISHNAN
RESPONDENT/STATE OF KERALA:
STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM, PIN - 682 031.
PP - SMT. SREEJA V.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30.07.2021, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 4400 OF 2021
2
ORDER
This is an application filed under Section 438 of the Cr.P.C.
seeking anticipatory bail. Petitioners are accused Nos. 3, 4, 7 and 8
respectively, in Crime No.406 of 2021 of Kunnamkulam police
station in Thrissur district. The crime was registered alleging
offence punishable under sections 143, 147, 148, 341, 324 and 308
r/w 149 of the IPC.
2. The alleged incident had happened on 03.04.2021 at
about 20.20 pm in front of an auditorium by name Arafa, at
Chirakkal. It is alleged that the accused persons had formed an
unlawful assembly and in prosecution of their common object
attacked the defacto complainant with stones, who were conducting
a procession and were moving in front of the said auditorium.
3. I heard the learned counsel for the petitioners and also
the learned Public Prosecutor. The learned counsel for the
petitioners submits that in fact this is a counter case to Crime
Nos.407 and 408 of the same police station. The defacto
complainant is an activist of the Congress party where as the
BAIL APPL. NO. 4400 OF 2021
petitioners are activists of the Marxist party. According to the
learned counsel for the petitioners, for the mere reason that their
names figured in the F.I.R., the police is trying to arrest them, they
did not commit any overt act; alleged acts which led to the injuries
sustained by the defacto complainant were committed by the first
accused.
4. I heard the learned Public Prosecutor and have gone
through the First Information Statement. It appears that the defacto
complainant had sustained injuries due to the stones hurled by the
1st accused. Even though the names of the petitioners also figure in
the F.I.R., no other overt act is alleged against him and nothing is
recoverable from them and custodial interrogation of the petitioners
is not necessary. They have no criminal antecedents also.
In the circumstances, the petitioners shall be at liberty to
surrender before the Investigating Officer within ten days from
today and will make themselves available for interrogation; in the
event of arrest, they shall be released on bail, on executing bond for
Rs.50,000/- (fifty thousand rupees only) each with two solvent
sureties each for the like sum to the satisfaction of the investigating
BAIL APPL. NO. 4400 OF 2021
officer; they shall co-operate with the investigation, shall not try to
contact or influence the witnesses or tamper with the evidence;
shall not involve in any crime during the period on bail.
Bail Application is allowed as above.
Sd/-
K.HARIPAL
JUDGE
rps/
