Muhammed Ameer vs State Of Kerala

Bechu Kurian Thomas, J

This is an application seeking regular bail filed under Section 439 of the Code of Criminal Procedure, 1973.

Petitioner is the 4th accused in Crime No.1412/2022 of Sooranadu Police Station, Kollam District. The offences alleged against the petitioner are under sections 449, 294(b), 323, 324, 308 and Section 354 r/w Section 34 of the Indian Penal Code. 1860.

According to the prosecution, on 30.10.2022, due to previous enmity, accused 1 to 3 attacked the defacto complainant at his residence with deadly weapons and thereafter fled from the spot in a Scooter driven by the petitioner and thereby the accused committed the offences.

Sri.H.Nujumudeen, learned Counsel for the petitioner contended that the entire prosecution allegations are false and the incident as alleged had never occurred and petitioner had no role at all. It was further submitted that the petitioner was arrested on 30.10.2022.

Sri. Noushad K.A., the learned Public Prosecutor opposed the grant of bail and contended that the allegations against the petitioner are serious in nature and that continued detention is essential.

Taking note of the detention of the petitioner from 30.10.2022, and considering the entire circumstances, I am of the view that the petitioner can be released on bail on conditions.

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

(a) Petitioner shall be released on bail on him executing 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 or contact the defacto complainant or his family members.

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

(f) 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.