Abhijith Mohan vs State Of Kerala

Viju Abraham, J.

This is an application for Regular Bail.

The petitioner is the 3rd accused in Crime No.1174/2022 of Ernakulam Town South Police Station alleging commission of offences punishable under Sections 120 (b), 342, 364, 323, 324 and Section 308 of the IPC.

The prosecution allegation is that, the defacto complainant is working as the manager of the 'Yuvarani' Bar at Ernakulam and the accused persons have previous animosity with one of the waiter namely 'Bhakthi Nayak @ Rajendran', who hails from the State of Odisha. On 11.10.2022, at about 10.30 PM, due to the previous animosity towards the above mentioned waiter, four identifiable persons have kidnapped the waiter from the bar in a white Innova car and restrained him in a room and caused hurt. Thereafter on 12.10.2022, Bhakthi Nayak was left near Nagampadam bus stand at Kottayam and thus the accused have committed the aforesaid offences.

The learned counsel for the petitioner submitted that the petitioner is falsely implicated in the above said crime and he is in custody from 13.10.2022 onwards and the investigation has progressed considerably and that the further detention of the petitioner is not required for the purpose of the investigation.

The learned Public Prosecutor seriously opposed the application for bail mainly contending that the defacto complainant was abducted and tortured by the accused and further that the petitioner has serious criminal antecedents.

Having regard to the facts and circumstances of the case, taking into consideration the fact that the petitioner is in custody from 13.10.2022, I am inclined to grant bail to the petitioner but taking note of the serious criminal antecedents of the petitioner the same shall only be on the following stringent conditions:

(i) The petitioner shall execute 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.1174/2022 of Ernakulam Town South Police Station on every Saturday at 11 am for a period of six months and shall co-operate with the investigation;

(iii) The petitioner shall not attempt to interfere with the investigation or to influence any witness in Crime No.1174/2022 of Ernakulam Town South Police Station ;

(iv) The petitioner shall not leave the State of Kerala without obtaining prior permission from of the jurisdictional Court

(v) 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.1174/2022 of Ernakulam Town South Police Station may file an application before the jurisdictional court, for cancellation of bail.