Aboobecker Siddique @ Mangamdi Siddique vs State Of Kerala

The petitioner herein is the first accused in Crime No. 300/2017 of Kumbala Police Station, for offences punishable under Section 143, 147, 148, 341, 324, 326, 307 and 302 r/w Section 149 of the Indian Penal Code.

The allegation of the prosecution is that the petitioner herein along with 6 others committed murder of one person and that serious injuries were inflicted on another person. There is an allegation that deceased was beheaded. Crime was registered and in the course of investigation the petitioner and 3 other accused were arrested and petitioner is in custody since 04.05.2017. The petitioner herein had moved this Court earlier on several occasions successively, seeking bail. All his bail applications were dismissed on the premise that very serious allegations are raised against the petitioner herein and that the petitioner herein and the 2nd accused are involved in other cases., including an offence under Section 302 of IPC.

His earlier bail application filed as B.A.No. 9040/2017 was dismissed after perusing a report of the learned Sessions Judge in answer to a query from this Court regarding the approximate time limit within which the case can be taken up, heard and disposed of. The learned Sessions Judge by communication dated 20.01.2018, informed that several other cases are pending which required priority and that the Judicial Officer was under orders of transfer. Inspite of this, holding that this petitioner is the prime accused, his earlier bail application was dismissed. In spite of the elapse of the time thereafter, there is nothing on record to indicate that there is any chance of the matter being expedited and brought up for trial.

Having considered this fact, I feel that no purpose will be served by retaining the petitioner herein in custody unendingly. Hence, I am inclined to allow the application for bail subject to the following strict conditions: -

The petitioner shall execute a bond for a sum of Rs. 75,000/- (Rupees Seventy Five thousand only) with two sureties for the like sum each to the satisfaction of the Court below.

He shall appear before the court below as and when called for.

Except for the compliance of the above condition or for appearance in any court of law where his presence is absolutely essential, he shall not enter the limits of Kasargode Sessions Division till the end of trial. However, in case of extreme emergency, he will be entitled to enter the limits with the order in writing of the court concerned before which the matter is pending.

He shall not threaten, coerce or intimidate the victims or witnesses nor shall he interfere in the process of investigation.

He shall not get involved in any other crime.