Muhammed Abdul Basith vs State Of Kerala

Dr. Kauser Edappagath, J

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

The applicant is the accused No.3 in Crime No.1072/2023 of Manimala Police Station. The offences alleged are punishable under Sections 294(b), 323, 341, 506 and 308 read with 34 of the IPC.

The prosecution case, in short, is that on 20.5.2023 and 21.5.2023, the applicant along with the accused Nos. 1 and 2, assaulted the defacto complainant and when the defacto complainant was on his way to the police station as per the direction of the police, the applicant threatened him over phone that he would kill him and thereby committed the offences.

I have heard Sri. V. Vinay, the learned counsel for the applicant and Sri. M.C. Ashi, the learned Public Prosecutor. Perused the case diary.

The learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case. The counsel further submitted that no materials are on record to connect the applicant with the alleged crime; hence, he is entitled to get bail. On the other hand, the learned Public Prosecutor submitted that the alleged incident occurred as a part of the intentional criminal acts of the applicant, and he is not entitled to bail at this stage.

The applicant was remanded to judicial custody on 6.11.2023. The investigation is almost over. Going by the allegations, there is nothing to attract the offence punishable under Section 308 of the IPC against the applicant which is the only non-bailable offence alleged. The allegation against the applicant is that he criminally intimidated the defacto complainant over phone. For all these reasons, I do not find any reason to hold that the continued detention of the applicant is required for any purpose. Hence, the applicant is entitled to be released on bail.

In the result, the application is allowed on the following conditions: -

(i) The applicant 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 Magistrate/Court.

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

(iii) The applicant shall appear before the investigating officer between 10.00 a.m and 11.00 a.m. on every Saturday until further orders. He shall also appear before the investigating officer as and when required.

(iv) The applicant shall not commit any offence of a like nature while on bail.

(v) The applicant shall not 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.

(vi) The applicant shall not leave the State of Kerala without the permission of the trial Court.

(vii) The application, if any, for deletion/modification of the bail conditions or cancellation of bail on the grounds of violating the bail conditions shall be filed at the jurisdictional court.