Basha vs State Of Kerala

Bechu Kurian Thomas, J

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

Petitioner is the 9th accused in Crime No.400/2022 of Nedumbassery Police Station, Ernakulam, alleging offences punishable under Sections 109, 120(b), 370(3), 468 and 471 of the Indian Penal Code 1860 apart from Sections 12(1)(a)(b) and Section 12(2) of the Passport Act, 1971.

According to the prosecution, the accused had, with an intention to commit human trafficking, forged original passports and assisted accused 1 to 7 to go abroad and thereby committed the offences alleged.

Sri. Johny C.D, the learned counsel for the petitioner contended that the entire prosecution allegations are false and the incident as alleged had not occurred. It was further submitted that there are no materials to connect the petitioner with the crime and the prosecution allegations are based upon assumptions and and conjectures.

Sri. P.G. Manu, the learned Public Prosecutor, opposed the application and submitted that petitioner is one of the main culprits in the human trafficking and therefore, he ought not be granted bail, even though, he was arrested on 21.04.2023.

I have considered the rival contentions.

Taking into consideration the circumstances of the case including the order in B.A. No. 9635/2022 in respect of the 8th accused, I am of the view that the petitioner can be released on bail.

Accordingly, this application is allowed and the petitioner is released on bail 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 co-operate with the trial of the case.

(c) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he attempt to tamper with the evidence.

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

(e) Petitioner shall not leave the country without the permission of the jurisdictional Court.

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.