Firoz Khan @ Shinu vs State Of Kerala

Mohammed Nias C. P., J

This is the second application filed under Section 439 of the Code of Criminal Procedure seeking regular bail. The petitioner is the first accused in Crime No. 886/2023 of Kayamkulam Police Station, Alappuzha district.

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 offences under Sections 506, 323, 324, 294(b), 384, 365, 368 and 394 of IPC.

The petitioner herein is the first accused. He was arrested on 5.9.2023. This Court had earlier considered the bail applications of accused Nos. 3 & 4 in B.A.Nos. 3522/2024 & 2613/2024 respectively and granted bail to them taking note of the fact that the charge sheet has already been filed and recoveries effected. Taking into account the length of detention of the petitioner, the fact that the chargesheet has already been filed and recoveries effected and that, bail has been granted to accused Nos.3 & 4, I am inclined to grant bail to the petitioner herein on grounds of parity as well.

In the result, the application is allowed, by directing the petitioner to 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, which shall be subject to the following conditions:

i. The petitioner shall appear before the Investigating Officer every Saturday between 9 a.m. and 11 a.m. till the conclusion of the proceedings. He shall also appear before the Investigating Officer as and when required;

ii. The petitioner shall not directly or indirectly make any inducement, threat or procure 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 in any manner, whatsoever;

iii.The petitioner shall not commit any offence while on bail;

iv. The petitioner shall not leave the territorial jurisdiction of the Court of Session, Alappuzha, till the conclusion of proceedings without the previous permission of the jurisdictional court.

v. The petitioner shall surrender his passport, if any, before the first court where he executes the bond. If he has no passport, he shall file an affidavit to that effect before the court below on the date of execution of the bond;

vi.The petitioner shall furnish his present address, mobile phone number and the place where he proposes to stay till the final report is laid;

vii.In case of violation of any of the conditions mentioned above, the jurisdictional court shall be empowered to consider the application for cancellation of bail, if any filed, and pass orders on the same, in accordance with law.

viii.Application for deletion/modification of the bail conditions shall be moved and entertained by the court below.

ix. Needless to mention, it would be well within the powers of the Investigating Officer to investigate the matter and, if necessary, to effect recoveries on the information, if any, given by the petitioner even while the petitioner is on bail, as laid down by the Hon'ble Supreme Court in Sushila Aggarwal v. State (NCT of Delhi) and another [2020 (1) KHC 663].

The Bail Application is allowed as above.