Abdul Azeez .U vs State Of Kerala

Viju Abraham, J

This is an application for regular bail.

The petitioner is accused No.1 in Crime No.493/2022 of Manjeshwar Police Station alleging commission of offence punishable under Sections 341, 324, 364 and 302 r/w Section 149 of Indian Penal Code.

The prosecution allegation is that, on 26.06.2022, at about 11 am, in pursuance of a criminal conspiracy, the accused in the above case kidnapped one Abubacker Siddique, aged 31 years, who is the deceased in the above case, in a car, took him to a residential house at Pyvalike Village, detained him there and beat him with wooden sticks and thereby caused his death. Later, his dead body was abandoned at D.M. Hospital Bandiyod.

4.The learned counsel for the petitioner submitted that though the petitioner moved an application for bail before this Court earlier, the same was rejected by Annexure A3 order dated 10.08.2022. The learned counsel of the petitioner now submits that 90 days are over and the final report is not yet filed and therefore, he is entitled for the statutory bail.

The learned Public Prosecutor upon instructions submitted that it is true that the final report is not laid as on date and the petitioner is entitled for statutory bail.

Having regard to the facts and circumstances of the case, and considering the nature of the allegations, I am inclined to grant bail to the petitioner subject to stringent conditions. In the result, the bail application is allowed. It is directed that the petitioner shall be released on bail, subject to the following conditions:

(i) The petitioner shall execute a bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like-sum to the satisfaction of the jurisdictional court;

(ii) Petitioner shall appear before the investigating officer in Crime No.493/2022 of Manjeshwar Police Station on every Saturday at 10 am, until filing of final report;

(iii) The petitioner shall not attempt to interfere with the investigation or to influence or intimidate the defacto complainant or any witness in Crime No.493/2022 of Manjeshwar Police Station;

(iv) The petitioner shall not enter the jurisdictional limits of the Manjeshwar police station, till the filing of the charge sheet, except for the purpose of complying with condition No. (ii) above or to attend any court proceedings;

(v) The petitioner shall not leave the State without obtaining order from the jurisdictional Court;

(vi) The petitioner shall surrender his passport before the jurisdictional court. If the petitioner does not have a passport, he shall execute an affidavit to that effect and file the same before the said court within seven days of release on bail;

(vii) 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.493/2022 of Manjeshwar Police Station may file an application before the jurisdictional court, for cancellation of bail.