Fayaz vs State Of Kerala

Shircy V, J

Application for regular bail filed under Section 439 of the Code of Criminal Procedure.

The petitioner is the 21st accused in Crime No.271 of 2021 of Mannar Police Station registered for the offences punishable under Sections 143,

147, 148, 120 B, 452, 323, 324, 506(ii), 354, 364(A), 365, 368, 370, 386, 307 read with 149 of the Indian Penal Code and Section 27 of Arms Act .

The prosecution allegation is that the 1st accused is engaged with smuggling of gold ornaments from Dubai to India. The wife of the defacto

complainant was residing abroad and during the month of February 2021 she was travelling from Dubai to Kerala. While so, the 1st accused hatched a

criminal conspiracy with the other accused to transmit gold illegally and thus contacted the wife of the defacto complainant and handed over certain

gold to be entrusted to 3rd accused. Though she travelled from Dubai and reached Nedumbassery Airport in the month of February 2021 itself, she

did not hand over the gold ornaments as entrusted by the 1st accused. Infuriated by the same, as a result of the conspiracy the accused persons

formed themselves into an unlawful assembly and in prosecution of the common object armed with deadly weapons trespassed into the house of the

defacto complainant on 22.2.2021 at about 1.30 a.m and abducted his wife after manhandling her as well the defacto complainant, his mother and

other family members and entrusted to some of the accused who were in Palakkad District. On the very same day after detaining her illegally for few

hours, she was dropped in a place near Wadakkanchery. Thereafter, she lodged a complaint against the accused persons and thus the case was

registered by the police.

The petitioner has been in custody since 7.6.2021.

Heard the learned counsel for the petitioner as well the learned Public Prosecutor.

The learned counsel for the petitioner has submitted that the allegations levelled against him are absolutely false and baseless. In fact he is totally

innocent of the accusations levelled against him by the prosecution. According to him, most of the accused persons were arrested by the police and

they were released on bail. Even the 18th and 19 accused who were arrested on the very same day of the arrest of this petitioner were released on

bail by this Court. According to him, the investigation is almost over and hence, further detention may not be required for the Investigating Agency and

hence, he requested for his release on bail.

The learned Public Prosecutor has opposed the application, but admitted that this petitioner has no criminal antecedents. The fact that almost all the

accused arrested were released on bail is admitted. The 1st accused and one more accused are yet to be apprehended by the police. But it is pointed

out by the learned Public Prosecutor that this petitioner is the person who introduced the 6th accused to 7th accused who is the leader of the gang to

commit the grave and serious offences. So he has active participation in the crime and hence the application is opposed.

It is to be noted that no gold was recovered by the Investigating Agency from the wife of the defacto complainant as she had abandoned the gold in

the airport knowing that it was the smuggled gold, is the version of the prosecution. The investigation is well in progress though the master mind of this

incident is yet to be apprehended by the police. But it a fact that most of the accused persons are enlarged on bail and the investigation is well in

progress. The prosecution has no case that anything is to be recovered from the possession of this petitioner on interrogation. It is also a fact that the

police custody was given immediately on his arrest. Since the investigation of the case has progressed much, further detention of this petitioner may

not be necessary for the Investigating team to conclude the investigation. It is also a fact that this petitioner has no criminal antecedents though the

allegation is that he is the person who has introduced the 6th accused to the leader of the team to commit the alleged offence of trespass and

abduction of the wife of the defacto complainant.

Considering the nature of the accusations levelled against this petitioner as well the other relevant facts narrated above, I I am inclined to release

him on bail subject to the following conditions.

(i) The petitioner shall be released on bail on his executing bond for a sum of Rs. 1,00,000/- (Rupees one lakh only) with two solvent sureties for the like sum each to

the satisfaction of the court having jurisdiction.

(ii) The petitioner shall appear before the Investigating Officer for interrogation as and when required by him, in writing, till filing of the final report.

(iii) The petitioner shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him

from disclosing such facts to the court or to any police officer or tamper with the evidence.

 (iv) The petitioner shall not commit any offence while on bail.

In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with the law.