Guruvayurappan vs State Of Kerala

Viju Abraham, J

This is an application for Regular Bail.

The petitioners are accused Nos.1 to 3 in Crime No. 240/2022 of Palakkad Town North Police Station, Palakkad alleging commission of offences punishable under Sections 439 of the Cr.P.C.

The prosecution case is that, on 07.04.2022 during night the accused Nos.1 to 3 park their motor cycle having Reg.No. KL-09-AF-6712 in front of Sreevalsan Bar, Olavokkode. The vehicle was subsequently stolen by somebody and in search of the vehicle, it was found that one Rafeek had stolen the motor cycle of the accused. Due to that enmity on 07.04.2022 at 23.45 hours the accused Nos 1 to3 had taken Rafeek to Aiswarya colony, Olavakkode and at the road, the third accused had caught hold on the body of Rafeek from behind. Accused Nos, 1 and 2 have fisted on the face of Rafeek and then the accused No.1 had hit the head of Rafeek towards a wall and caused severe injuries and thus resulted in the death of Rafeek. By the above act the accused have committed murder of Rafeek. Thus the accused were alleged to have committed the above said offence.

The learned counsel for the petitioners submitted that the petitioners are falsely implicated in the above said crime. They were arrested on 07.04.2022 and in custody since then. It is further contended that the investigation is practically over and their continued custody is not necessary for the purpose of the investigation. It is submitted that the petitioners have no other criminal antecedents.

The learned Public Prosecutor seriously opposed the application for bail, mainly contending that, when the motor bike was searched by the 1st accused, it was found to be stolen and then they caught the victim at Olavakkode junction and he stated that the vehicle was parked at Aiswarya colony and they took him to Aiswarya colony and received the motor cycle back. Thereafter, they manhandled the deceased and he succumb to the injuries sustained. Learned Public prosecutor, upon instruction, submitted that, the deceased was brutally manhandled and as per the postmortem report, as many as 26 injuries were noticed. He also submitted that, the petitioners have no other criminal antecedents and the investigation is in the final stage.

Having regard to the facts and circumstances of the case, taking into consideration the fact that the petitioners are in custody from 07.04.2022 and I find that the further detention the petitioners is not required for the purpose of the investigation. Taking into consideration the fact that the petitioners have no other criminal antecedents, I am inclined to grant bail to the petitioners and it is ordered that the petitioners shall be released on bail on the following stringent conditions:

(i) The petitioners shall execute bond for a sum of Rs.50,000/- (Rupees fifty thousand only)each with two solvent sureties each for the like-sum to the satisfaction of the jurisdictional court;

(ii) Petitioners  shall  appear  before the investigating officer in Crime No. 240/2022 of Palakkad Town North Police Station, Palakkad, on every Saturday at 11 am;

(iii) The petitioners shall not attempt to interfere with the investigation or to influence or any witness in Crime No. 240/2022 of Palakkad Town North Police Station, Palakkad;

(iv) The petitioners shall surrender their passport before the jurisdictional court. If the petitioners does not have a passport, they shall execute an affidavit to that effect and file the same before the said court within seven days of release on bail;

(v) The petitioners shall not involve in any other crime while on bail.

If  any  of  the  aforesaid  conditions  are  violated,  the investigating officer in Crime No.240/2022 of Palakkad Town North Police Station, Palakkad may file an application before the jurisdictional court, for cancellation of bail.