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Muhammad K vs State Of Kerala And Ors

High Court Of Kerala · Decided on 23 March 2021 · Citation: (2021) 03 KL CK 0247

HON’BLE JUDGES
Ashok Menon, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 439 · Indian Penal Code, 1860 — Section 34, 201, 365
RESULT
Allowed
CASE NUMBER
Bail Application No. 2702 Of 2021
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Judgment

9 paragraphs · 335 words
1.

Application for regular bail under Section 439 of Cr.P.C. The applicant is the 7th accused in Crime No.37/2021 of Nadapuram Police Station, Kozhikode for having allegedly committed offences punishable under Sections 365 and 201 r/w Section 34 of IPC.

2.

The prosecution case, in brief, is that on 19.02.2021 at about 12.15 a.m., the applicant in furtherance of common intention with five others abducted de facto complainant's friend named Ajnas while he was returning home after watching volleyball match, in an Innova car and thereafter he was confined. The applicant was arrested on 11.03.2021 and remanded to judicial custody and continues to be in remand.

3.

The applicant states that he is innocent and the allegations are not true. He has no involvement in the aforesaid act.

4.

Heard the learned counsel for the applicant and the learned Public Prosecutor.

5.

The learned Public Prosecutor admits that the applicant has no criminal antecedents. But it is submitted that he was also an active member of the gang which allegedly kidnapped the de facto complainant's friend. The applicant has in subsequent to his apprehension, subjected to custodial interrogation and no further purpose will be served by detaining him. He has no criminal antecedents. Therefore, I find no reason for further incarceration of the applicant. Some of the co-accused who have been arrested were also granted bail. The application is therefore allowed and the applicant is directed to be released on bail on the execution of bond for Rs.50,000/-(Rupees fifty thousand only) with two solvent sureties, each for the like amount to the satisfaction of the jurisdictional court and on following conditions:-

(i) He shall appear before the investigating officer as and when called for.

(ii) He shall not tamper with evidence, intimidate or influence the witnesses.

(iii) He shall not get involved in similar offences during the currency of the bail.

In case of violation of any bail condition, the prosecution is at liberty to apply for cancellation of the bail before the jurisdictional court.