Kerala High Court
Afsal @ Kuttayi vs State Of Kerala on 11 January, 2019
Author: Sunil Thomas
Bench: Sunil Thomas
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
FRIDAY ,THE 11TH DAY OF JANUARY 2019 / 21ST POUSHA, 1940
Bail Appl..No. 8862 of 2018
CRIME NO. 1822/2018 OF KARUNAAGAPALLY POLICE STATION , KOLLAM
PETITIONER/ACCUSED NO.5:
AFSAL @ KUTTAYI, AGED 25 YEARS
S/O.JAFFER, MADATHIL KISHAKKATHIYAL ADHINAD THEK,
KATTILAKADAV P.O., KARUNGAPPALLY.
BY ADV. SRI.M.R.SASITH
RESPONDENT/STATE/COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM - 682 031.
2 THE SUB INSPECTOR
KARUNAGAPPALLY POLICE STATION, KOLLAM - 691 001.
PP RAMESH CHAND
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11.01.2019,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Bail Appl..No. 8862 of 2018
2
ORDER
The petitioner herein stands arrayed as the fifth accused in Crime No.1822/2018 of Karunagappally Police Station, for offences punishable under sections 143, 147, 148, 450, 427, 341, 323, 324, 326 and 307 of the Indian Penal Code and section 27 of the Arms Act.
2. According to the prosecution allegation, the petitioner herein along with other accused formed into an unlawful assembly on 26.11.2018 and trespassed into a bar at 11.45 am. After threatening the defacto complainant and others they sprayed pepper powder on the face of the defacto complainant and others. Thereafter, the first accused hit with a sword and the second accused hit with an ion rod. They ransacked the office, caused bodily injuries and committed theft of Rs.50,000/- (Rupees fifty thousand only). Crime was registered and investigation is progressing. The petitioner seeks bail, apprehending arrest. Bail Appl..No. 8862 of 2018 3
3. It seems that specific overtact and use of weapon is attributed to the first and second accused. There is a specific allegation that the third accused sprayed pepper powder on the face of the defacto complainant and others. This facilitated the further commission of crime. The defacto complainant sustained fracture of the leg consequent to hit with the sword. serious and specific allegations are raised against accused Nos.1, 2 and 3. Hence, I am inclined to grant anticipatory bail to the petitioner herein. Hence the bail application is allowed as follows:
(i) The petitioner herein shall appear before the investigation officer within ten days from today and shall undergo interrogation. Thereafter, if he is proposed to be arrested, he shall be released on bail on executing a bond for a sum of Rs.40,000/- (Rupees forty thousand only) with two sureties for the like sum each.
(ii) He shall appear before the investigating officer on all Wednesdays between 9 am and 10 am for Bail Appl..No. 8862 of 2018 4 a period of two months from the date of execution of the bond.
(iii) He shall not threaten, coerce or intimidate the defacto complainant or the witnesses.
(iv) He shall not get involved in any other crime.
Anticipatory bail application is allowed as above.
Sd/-
SUNIL THOMAS, JUDGE R.AV //True Copy// PA to Judge