Abdul Jaleel vs State Of Kerala

Bechu Kurian Thomas, J

This is an application seeking regular bail filed under Section 439 of the Code of Criminal Procedure, 1973.

Petitioner is the 9th accused in Crime No.638 of 2020 of Mannuthi Police Station, Thrissur alleging offences punishable under Sections 344, 324, 294(b), 506(ii), 364A, 365 and 395 r/w Section 149 of the Indian Penal Code, 1860.

According to the prosecution, on 25.05.2020, the accused in prosecution of the common object kidnapped the son of the defacto complainant and her husband and forced them to execute sale deed in favour of the 9th accused and thereby committed the offences alleged.

Sri.R.Sudhish, the learned counsel for the petitioner contended that the prosecution allegations are false and in any event, the petitioner having been arrested on 11.10.2022, the continued detention is not essential. It was further submitted that petitioner is willing to abide by any condition that may be imposed.

Sri.T.R.Tarin, the learned counsel for the defacto complainant as well as Sri.Noushad K.A., the learned Public Prosecutor opposed the contentions and submitted that prosecution allegations are serious and that the petitioner is the mastermind behind the kidnapping and that the 8th accused, who was also another brain behind the offence was released only after 45 days.

I have considered the rival contentions. Petitioner was arrested on 11.10.2022 and has been in custody since then. Even though the 3rd accused is yet to be arrested and the allegations are serious in nature, I am of the view that considering the stage of investigation, further detention of the petitioner is not essential.

Accordingly, I allow this bail application on the following conditions :-

(a) Petitioner shall be released on bail on him executing a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction.

(b) Petitioner shall appear before the Investigating Officer as and when required.

(c) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence or contact the defacto complainant or her family members.

(d) Petitioner shall not commit any similar offences while he is on bail.

(e) Petitioner shall not leave India without the permission of the Court having jurisdiction.

In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law, notwithstanding the bail having been granted by this Court.