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Judgment
13 paragraphs · 477 wordsViju Abraham, J
This is an application for regular bail.
The Petitioner is the 1st accused in Crime No. 1778/2022 of Varkala Police Station, Thiruvananthapuram District alleging commission of offences punishable under Sections 143, 147, 148, 149, 323, 325, 342, 364, 506, 392 & 307 of the Indian Penal Code.
The prosecution allegation is that, on 23.10.2022 at about 2.15 PM, the accused Nos. 2 to 5 restrained the defacto complainant who was coming in the scooter bearing registration No. KL2-AU-5442 and forcefully put him in a car, tied both his hands and inserted cloth into his mouth. Then he was brought to the Medical Mission Hospital, Varkala, and has been confined in a bedroom and manhandled. Further on 25.10.2022 as per the direction of the 1st accused, the accused Nos. 2 to 6 took him in a car, and ultimately discarded him at Kottayam Sastri Road at 18 hours on 25.10.2022 and thereby the accused have committed the above said offences.
The petitioner submitted that he is in custody from 19.12.2022. Petitioner submitted that he has approached this Court earlier seeking anticipatory bail. Pursuant to the direction in the said judgment, he has surrendered before the Investigating Officer. Petitioner further submitted that he has been falsely implicated in the above said crime and that as per Annexure A11 order accused Nos. 5, 6, 7 and 9 have already been granted bail by the Sessions Court.
The learned Public Prosecutor opposed the application for bail mainly contending that petitioner has an active involvement in the alleged commission of the offence and further that he is involved in other criminal cases also.
Considering the facts and circumstances of the case and nature of the allegation and taking into consideration the fact that petitioner is in custody from 19.12.2022, I am inclined to grant bail to the petitioner.
In the result, the bail application is allowed and it is ordered that the petitioner shall be released on bail on the following stringent conditions:
(i) The petitioner shall execute a bond for a sum of Rs.50,000/- (Rupees Fifty thousand only) with two solvent sureties each for the like-sum to the satisfaction of the jurisdictional court;
(ii) The petitioner shall appear before the investigating officer in Crime No. 1778/2022 of Varkala Police Station on all Saturdays at 11.00 a.m. for a period of two months and thereafter as and when required by the Investigating Officer for the purpose of investigation.
(iii) The petitioner shall not attempt to interfere with the investigation or to influence any witness in the above said crime;
(iv) The petitioner shall not involve in any other crime while on bail.
If any of the aforesaid conditions are violated, the investigating officer in Crime No. 1778/2022 of Varkala Police Station, may file an application before the jurisdictional court, for cancellation of bail.