Firoz Khan @ Shinu vs State Of Kerala

Mohammed Nias C.P., J.

These are the second bail applications filed u/s 439 of the Code of Criminal Procedure seeking regular bail.

BA No.51/2024 is filed by the third accused while BA No.72/2024 is filed by accused Nos.1, 2 and 4 arising from Crime No.886/2023 of Kayamkulam Police station, Alappuzha.

The prosecution case is that the accused persons, in furtherance of their common intention, on 24.8.2023 at 4.30 a.m., kidnapped the informant and his employee Mr Ameen. They assaulted the informant and Ameen in a moving car and extorted money from the informant. Thus the accused persons committed the offences under Sections 506, 323, 324, 294(b), 384, 365, 368 and 394 of IPC.

The learned counsel for the petitioners submitted that the petitioners are innocent of the allegations levelled against them. There is a delay of two days in lodging the FIR in this case. Though there is an allegation that the petitioners brutally manhandled the de facto complainant, there is no medical evidence to substantiate the same. Further, the petitioners were already granted in police custody and the investigation in this case is almost over. Further detention of the petitioners is unwarranted.

The learned Public Prosecutor opposed the bail application and stated that the offences and the allegations against the petitioners were serious and that all of them had very bad antecedents. The learned Public Prosecutor points out that the third accused has 11 cases against him, the second accused has four cases, the third accused has four cases and the fourth accused has 11 cases.

The learned counsel for the petitioner submits that he has no instruction to appear for petitioners 1 & 3 in B.A.No.72/2024 (accused 1 and 4). Later. Sri. S. Rajeev, appeared for the said petitioners and requested permission to withdraw the bail application of the said accused and the bail application against the said accused. Permission is granted and the bail applications of Accused No.1 (Firoz Khan) and Accused No.4 (Sajeer @ Thonnath) (BA No.72/2024) in Crime No. 886/2023 will stand dismissed as withdrawn with liberty to file a fresh application.

Taking note of the allegations against the petitioners the antecedents and also the apprehension expressed by the prosecution that they are likely to commit similar offences and cause unrest in the society apart from the chance of intimidating the witnesses, I am not inclined to grant bail to the petitioners. I also did not find any change in circumstances for considering the bail applications.

It is also to be noticed that this Court had already dismissed the bail application of the fifth accused in both cases by orders in BA No.20/2024 by order dated 31.01.2024.

Accordingly, B A No.51/2024 and BA No.72/2024 as regards accused No.2 is dismissed and accused Nos.1 and 4 will stand dismissed as withdrawn