Amalsha Alias Faisy vs State Of Kerala

Gopinath P., J

The petitioners are the accused in Crime No.63/2022 of Chathanoor Police Station, Kollam District alleging commission of offences under Sections 341, 363, 323, 324, 308 and 34 of the Indian Penal Code.

The allegation against the petitioners in brief is that owing to animosity arising out of the belief that the de facto complainant had given information to the authorities that the petitioners were consuming drugs etc., the petitioners kidnapped the de facto complainant on a motor cycle and thereafter assaulted him and caused injuries to him and thereby they committed the offences alleged against them.

The learned counsel for the petitioners would submit that the petitioners are absolutely innocent in the matter. It is submitted that they were implicated on the basis of false identification. The de facto complainant himself has filed an affidavit stating that he had implicated the petitioners on the basis of mistaken identity and he has no complaint whatsoever against the petitioners. It is submitted that the petitioners have been in custody for 62 days and their continued detention is not necessary for he purpose of any investigation as a final report has already been filed in the matter.

The learned Public Prosecutor opposes the grant of bail. It is submitted that the investigation conducted clearly revealed that the petitioners are guilty of the offences alleged against them. It is submitted that there are several criminal antecedents reported in so far as the petitioners are concerned. It is submitted that the 1st petitioner is accused at least in 7 cases including 3 cases registered alleging commission of offences under NDPS Act. It is submitted that he is also accused in cases alleging commission of offences under Sections 308 and 365 of the IPC. It is submitted that the 2nd accused is involved in 4 other cases including that under Section 354, 332 and 308 of the IPC and the Arms Act. It is submitted that the 3rd petitioner is also involved in 4 cases including the provisions of the Arms Act 294 (b), 452, 332, 323 and 308 of the IPC. It is submitted that the petitioners are clearly habitual offenders and they are not entitled to be released on bail. It is submitted that proceedings under the Kerala Anti-Social Activities (Prevention) Act have also been initiated against the petitioners. It is submitted that the affidavit stated to have been filed by the de facto complainant could not be verified thus far as the investigating officer was unable to contact the de facto complainant.

Having regard to the facts and circumstances of the case I am not inclined to grant bail to the 1st petitioner against whom there are 7 criminal antecedents including 3 cases registered alleging commission of offence under the NDPS Act. Though the petitioners 2nd and 3rd have also criminal antecedents, considering the fact they have been in custody in for 62 days, I am inclined to grant bail to them subject to conditions. I am also convinced that the grant of bail to the 1st petitioner may not be conducive as there is every likelihoold of similar offences being repeated in future if the 1st petitioner is granted bail.

In the result this bail application will stand dismissed in respect of 1st petitioner and will stand allowed in respect of petitioners 2 & 3. They shall be released on bail subject to the following conditions:

(i) The petitioners 2 & 3 shall execute separate bonds for sums 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) The Petitioners 2 & 3 shall report before the Investigating officer in Crime No.63/2022 of Chathanoor Police Station on every Saturday at 11 a.m until further orders;

(iii) The petitioners 2 & 3 shall not interfere with the investigation, influence or intimidate the de facto complainant or any witness in Crime No.63/2022 of Chathanoor Police Station;

(iv) The petitioners 2 & 3 shall not enter local limits of Chathanoor Police Station except for the purpose of complying with condition No.(ii) above;

(v) The petitioners 2 & 3 shall surrender their passports before the jurisdictional Court. If the petitioners 2 & 3 do not have passports, they shall execute an affidavit to that effect and file the same before the jurisdictional court within seven days of release on bail;

(vi) The petitioners 2 & 3 shall not involve in any other crime while on bail.

If any of the aforesaid conditions are violated, the Investigating officer in Crime No.63/2022 of Chathanoor Police Station may file an application before the jurisdictional Court for cancellation of bail.