Muhammed Ameen vs State Of Kerala

Bechu Kurian Thomas, J

This is an application for regular bail under section 439 of the Code of Criminal Procedure 1973.

Petitioner is the 6th accused in Crime No.1146/2023 before the Changanacherry Police Station, Kottayam District. The offences alleged against the petitioner are under Sections 143, 147, 148, 294(b), 323, 324, 432, 365, 392, 212, and 506(ii) r/w Section 149 of the Indian Penal Code, 1860.

According to the prosecution, the accused in furtherance of the common object formed themselves into an unlawful assembly and hurled obscene words at the defacto complainant and brutally assaulted him and took away his mobile phone and wallet containing Rs.5,000/- apart from his driving licence and Aadhar card and thereby committed the offences alleged.

Sri.Gokul Das V.V.H, the learned counsel for the petitioner submitted that the entire prosecution allegations are false and that the incident as alleged had never occurred. It was submitted that petitioner was arrested on 16.05.2023 and that he has been in custody since then. It was further pointed out that the petitioner is willing to abide by any conditions that may be imposed by this Court and that the petitioner has not involved in any other crime till date.

Smt.Sreeja V., the learned Public Prosecutor, opposed the grant of bail and submitted that accused Nos.1, 4 and 15 are yet to be arrested and also that there are stolen articles to be recovered. It was further submitted that the allegations against the petitioner as 6th accused are serious in nature and therefore releasing him on bail would cause great prejudice to the investigation.

I have considered the rival contentions and have perused the final report.

The allegations against the petitioner is that he has fisted the defacto complainant using his hands and also spread sand on the injuries. He is also alleged to be a member of the unlawful assembly that had brutally assaulted the defacto complainant. However, taking into consideration the date of arrest and the nature of overt acts alleged against the petitioner, I am of the view that notwithstanding the fact that the three accused are yet to be arrested, the continued detention of the petitioner is not required in the circumstances of the case. Therefore, the petitioner is entitled to be released on bail on strict conditions.

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

(a) Petitioner shall be released on bail on him executing a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction.

(b) Petitioner shall appear before the Investigating Officer as and when required.

(c) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence.

(d) Petitioner shall not commit any similar offences while he is on bail.

(e) Petitioner shall not leave India without the permission of the Court having jurisdiction.

In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law, notwithstanding the bail having been granted by this Court.