Muhammed Adbul Aseeb vs State Of Kerala

Viju Abraham, J

This is an application for Regular Bail.

Petitioner is the 5th accused in Crime No.231 of 2022 of Melattur Police Station, Malappuram registered alleging commission of offences punishable under Sections 364A and 302 read with Section 34 of the Indian Penal Code. Subsequently Sections 109 and 212 read with Section 302 of the Indian Penal Code are also added.

The prosecution case is that on 15.05.2022 at about 9.45 a.m., the husband of the defacto complainant viz., Abdul Jaleel came from abroad at Nedumbasseri Airport. He was kidnapped from the Airport by accused Nos.13 and 14 in a car bearing registration No.KL-14-T/4242 alleging that he was carrying smuggled gold and after taking him to the quarters of 8th accused, accused Nos.1 to 7 ill-treated him till 19.05.2022 at various places demanding him to hand over the gold. They beat him using iron bar, spanner, sticks and scissors, resulting in serious injuries to him. He was taken to Moulana Hospital, Perinthalmanna at about 7.55 a.m. on 19.05.2022 by the 1st accused. While under treatment, on 20.05.2022 the said Abdul Jaleel succumbed to the injuries. Accused Nos.9 to 12, 15 and 16 helped the 1st accused and abetted the offence. Thus, the accused has committed the abovesaid offences.

The learned Senior Counsel appearing for the petitioner submitted that he has been falsely implicated in the abovesaid crime and that he has surrendered before the police. The petitioner is employed abroad and he was arrayed as an accused in the abovesaid crime only at a later stage. However, the petitioner came to India in November, 2022 and he surrendered before the police voluntarily on 13.11.2022 and he is in judicial custody since then and he has been thoroughly interrogated also. The learned Senior counsel further submits that the investigation is over and the final report has been filed and therefore his continued detention is not required for the purpose of the investigation. Learned Senior Counsel also submits that the petitioner has no other criminal antecedents and that all the arrested accused had already been released on bail.

The learned Public Prosecutor submitted that it is true that the charge sheet has been laid and therefore the continued detention of the petitioner is not necessary. Learned Public Prosecutor upon instructions submitted that the petitioner is not involved in any other crimes.

Considering the facts and circumstances of the case and the nature of the allegations and also taking note of the fact that the petitioner has no other criminal antecedents, I am inclined to grant bail to the petitioner. In the result, the bail application is allowed. It is directed that the petitioner shall be released on bail subject to the following conditions:

(i) The petitioner shall execute a bond for Rs.50,000/-(Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional court.

(ii) He shall not attempt to interfere with the investigation or to influence any witness in the abovesaid crime.

(iii) He shall not involve in any other crime while on bail.

If  any  of  the  aforesaid  conditions  are  violated,  the investigating officer in Crime No.231 of 2022 of Melattur Police Station, Malappuram may file an application before the jurisdictional court, for cancellation of bail.