Muhammed Shahnas vs State Of Kerala

Viju Abraham, J.

This is an application for regular bail.

Petitioner is the 3rd accused in Crime No.680 of 2022 of Ottapalam Police Station, Palakkad District registered alleging commission of offences punishable under Sections 341, 323, 324, 307 and 506, 120(b)r/w 34 of IPC.

The prosecution allegation is that, on 09.10.2022 at 7.00 pm the accused person conspired together to commit murder of defacto complainant. On 9.10.2022 at 8.00 pm, the accused persons wrongfully restrained the defacto complainant, 2nd accused forcefully taken away the key of the motor cycle of the defacto complainant, 6th accused had given wooden stick to the accused and hit on the head, hand and face of the defacto complainant with an intention to murder him. When the friends of the defacto complainant tried to intervene the 1st, 2nd and 4th accused slapped and kicked them. Thereafter, the accused 1 to 4 escaped from the spot with the help of accused Nos.5 and 6, and thus the accused committed the abovesaid offences.

The petitioner submits that he has been falsely implicated in the above said crime and no serious overt act is alleged against him. He is in custody from 15.10.2022 and the investigation is practically over and further detention of the petitioner is not necessary for the purpose of investigation.

Heard the learned counsel for the petitioner and the learned Public Prosecutor.

The learned Public Prosecutor seriously opposed the application for bail, mainly contending that the defacto complainant and his family members were attacked by the petitioners and they sustained serious injuries. The learned Public Prosecutor further submitted that serious overt acts are alleged against the 1st accused and that the petitioner is involved in another case as Crime No.653 of 2022 alleging commission of offence punishable under the NDPS Act and Security Proceedings under Section 107 Cr.P.C was also initiated against the petitioner.

Considering the facts and circumstances of the case, and nature of the allegations, and that the petitioner is in custody from 15.10.2022 onwards, and serious overt acts are alleged against the 1st accused, I am inclined to grant bail to the petitioner and it is ordered that the petitioner shall be released on bail on the following stringent conditions:

(i) The petitioner shall be released on bail on his executing 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 concerned;

(ii) Petitioner shall appear before the investigating officer in Crime No.680 of 2022 of Ottapalam Police Station on every Saturday at 11.00 am, until filing of final report;

(iii) The petitioner shall not attempt to interfere with the investigation or to influence any witness in Crime No. 680 of 2022 of Ottapalam Police Station;

(iv) 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. 680 of 2022 of Ottapalam Police Station may file an application before the jurisdictional court, for cancellation of bail.