Muhammed Rashid Ck vs State Of Kerala

Gopinath P., J

This is an application for regular bail.

The petitioner is the 3rd accused in Crime No.915/2020 of Mannarkkad Police Station, Palakkad, alleging commission of offences under Sections 365, 364A & 324 r/w. Section 34 of the Indian Penal Code.

The allegation against the petitioner is that he along with the other accused kidnapped the de facto complainant who is a taxi driver by profession on the allegation that the de facto complainant had committed theft of some gold and wrongfully confined the de facto complainant at various lodges at Ramanattukara, Koduvalli and Kunnamangalam from 16-11-2021 to 18-11-2021 and also caused hurt him on various occasions.

The learned counsel for the petitioner submits that the 1st and 2nd accused in the case who surrendered on 19-04-2021 were released on bail by the Judicial First Class Magistrate, Mannarkkad on 27-04-2021. It is submitted that the petitioner is absolutely innocent in the matter and he had no occasion to kidnap or illegally restrain the de facto complainant. The petitioner has been roped into the case on the basis of some misunderstanding, is the submission. Through order dated 11-02-2021, I had granted interim bail to the petitioner and the petitioner was released from custody on 11-2-2022.

I have heard the learned Public Prosecutor also.

The learned Public Prosecutor states that this Court was inclined to grant interim bail to the petitioner only on account of the fact that his wedding reception was scheduled to be held on 13-2-2022. It is submitted that the investigation in the matter is only progressing and the petitioner is not entitled to be released on bail.

Having regard to the facts and circumstances of the case and considering the fact that the 1st and 2nd accused in the case have already been released on bail, I am of the opinion that the petitioner can be granted bail subject to conditions.

In the result this 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 a sum of Rs.1,00,000/-(Rupees one lakh only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Court; [It is made clear that since the petitioner has already complied with this condition at the time when he was released on interim bail, he shall not be required to execute a fresh bond and shall be permitted to continue on bail on the same bond];

(ii) The Petitioner shall report before the Investigating officer in Crime No.915/2020 of Mannarkkad Police Station as and when called upon to do so;

(iii) The petitioner shall not attempt to interfere with the investigation or to influence or intimidate the de facto complainant or any witness in Crime No.915/2020 of Mannarkkad Police Station;

(iv) The petitioner shall surrender his passport before the jurisdictional Court. If the petitioner does not have a passport, he shall execute an affidavit to that effect and file the same before the jurisdictional court within seven days of release on bail;

(v) The petitioner shall not involve in any other crime while on bail.

If any of the aforesaid conditions are violated, the Investigating officer in Crime No.915/2020 of Mannarkkad Police Station may file an application before the jurisdictional Court for cancellation of bail.