Jithin @ Jithu vs State Of Kerala

Viju Abraham, J

This is an application filed u/s 439 of Code of Criminal Procedure seeking regular bail.

Petitioner is the accused in Crime No.214 of 2023 of Guruvayoor Police Station. Offences alleged against the petitioner are under Sections 365, 341, 323, 324, 384 r/w 34 of the Indian Penal Code.

The prosecution case is that, on 11.03.2023 at 9 AM, the 1st accused called the de facto complainant to the KSRTC bus stand, Guruvayoor and he was taken in a scooter at Kurukkapara at Kunnamkulam. From there, the de facto complainant was forcefully taken into a white car with the help of the accused Nos.2 to 6, to Best Granites, where the de facto complainant was confined and assaulted. It is also alleged that nude photographs of the de facto complainant was taken. Crime was registered in such circumstances. As part of the investigation, the petitioner was arrested on 14.06.2023. Since then he has been under judicial detention.

Heard Smt.Amrin Fathima, learned counsel for the petitioner and Smt.Sreeja V., learned Senior Public Prosecutor for the State.

The learned counsel for the petitioner submits that the petitioner is innocent of all the allegations and he was falsely implicated in the said case. On perusal of the records, it is seen that there are certain allegations against the petitioner. The petitioner remains in custody since 14.06.2023.

Even though the learned Public Prosecutor submits that the petitioner is having criminal antecedents, as he involved in seven other cases, it is seen from the records that most of the cases are old cases. It is also pointed out that he was involved in the rowdy list also.

However, the fact remains that the petitioner is in custody since 14.06.2023 and hence, I deem it appropriate to release the petitioner on bail with stringent conditions. Accordingly, this bail application is allowed.

Petitioner is directed to be released on bail subject to following conditions:-

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

(ii) The petitioner shall fully co-operate with the investigation.

(iii) The petitioner shall appear before the investigating officer between 10.00 a.m and 11.00 a.m on every Thursday until the filing of final report.

(iv) The petitioner shall also appear before the investigating officer as and when required by him.

(v) The petitioner shall not commit any offence of similar nature while on bail.

(vi) The petitioner shall not make any attempt to contact any of the prosecution witnesses, directly or through any other person, or in any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation.

(vii) The petitioner shall not leave India without the permission of the trial Court.

In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation of bail, if any, and pass appropriate orders in accordance with the law.