Manoj V.S vs State Of Kerala

Mohammed Nias C.P, J.

This is an application filed under Section 439 of the Code of Criminal Procedure seeking regular bail.

The petitioners are the accused in Crime No. 1539 of 2023 of Tirur Police Station, Malappuram District, for having committed offences punishable under Sections 363, 342, 323, 324, 395, 308 and 506(1) of the Indian Penal Code.

The prosecution case is that, on 19.11.2023, the petitioners, along with others, trespassed into the house of the defacto complainant and abducted the son of the defacto complainant. Thus, the petitioners are alleged to have committed the offences mentioned above.

The learned counsel appearing for the petitioners would say that the petitioners are totally innocent and falsely implicated with ulterior motives. At any rate, he points out that the petitioners are in custody from 19.11.2023 and continued custody of the petitioners is unnecessary.

The learned public prosecutor opposed the petition and points out that the petitioners are not entitled to get bail.

After having considered the submissions of the learned counsel for the petitioner and the learned Public Prosecutor and considering the fact that the petitioners are in custody from 19.11.2023 and also the allegation that the defacto complainant raped the daughter of the 1st petitioner for which an F.I.R has been registered and also since there is no apprehension raised by the prosecution that if they are released on bail, the petitioners are likely to abscond, I hold that bail can be granted to the petitioners.

(i) The petitioners shall be released on bail on executing bond for 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) The petitioners shall report before the Investigating Officer as and when required to do so.

(iii) The petitioners shall not tamper or attempt to tamper with the evidence or influence or try to influence the witnesses.

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

(v) The petitioners shall surrender their passport, if any, within seven days from the date of their release before the Court concerned and if the release of the passport is required at a later period, the petitioners shall be at liberty to move an appropriate application for the same before the court having jurisdiction. If they have no passport, they shall file an affidavit to that effect before the court concerned, on the date of execution of the bond or within three days thereafter.

(vI) If any of the conditions is violated, the court concerned shall be empowered to take steps for cancellation of bail as per law.