Muhammed Shamnas vs State Of Kerala

Raja Vijayaraghavan V, J

The above captioned application seeking regular bail is filed under Section 439 of the Code of Criminal Procedure ( “Code†for short) by the

petitioners who are the accused Nos.1, 3, 5 and 6 in Crime No.48 of 2021 of the Changaramkulam Police Station, registered under Sections 143, 147,

148, 342, 323, 324 and 302 r/w Section 149 of IPC.

The prosecution alleges that the petitioners herein had animosity towards one Muneeb. On 9.2.2021 at about 6 pm, the petitioners herein are alleged

to have formed themselves into an unlawful assembly and in prosecution of their common object wrongfully restrained Muneeb while he was walking

through the pathway leading to Galaxy School, Kolikkara and they are alleged to have attacked him causing serious injuries. Though the injured was

rushed to the hospital, his life could not be saved.

Sri.C.M.Mohammed Iqbal, the learned counsel appearing for the petitioners asserted that the petitioners herein are falsely implicated in the instant

case. He would point out that the petitioners 1 to 3 are aged under 21 years with no criminal antecedents. It is contended that the deceased and his

friends were the actual aggressors. He would point out that the petitioner Nos.1 and 2 were arrested on 13.2.2021 and petitioner Nos.3 and 4 were

arrested on 17.2.2021. While in custody, the investigation was completed and the final report was laid. He would further urge that the 2nd accused in

the above crime has been granted bail by this Court on 7.5.2021 in B.A.No.3291 of 2021. The learned counsel would urge that the fundamental

postulate of criminal jurisprudence is the presumption of innocence, meaning thereby that a person is believed to be innocent until found guilty. He

would vehemently urge that any imprisonment before conviction has a substantial punitive content and which has time and again been disapproved by

this Court as well as the Apex Court.

The learned Public Prosecutor has opposed the prayer and highlighted the grave nature of the allegations. It is also submitted that even though the

1st petitioner is aged only 21 years, he is involved in a Narcotics case as well as a case abusing a minor child.

I have considered the submissions advanced and have perused the materials which are made available.

I find from the records that the investigation in the instant case has been completed. The petitioners are young men and the fact remains that the

materials collected by the prosecution have not yet been tested in a court of law. Though the allegations are grave, no purpose would be served in

ordering a custody trial particularly when the nation is facing a crisis caused by the pandemic. A lockdown has been imposed in the State and social

distancing measures are being adopted even in jails. Moreover, the 2nd accused in the instant Crime has been enlarged on regular bail by this Court by

order dated 07.05.2021 in Bail Application No.3291 of 2021. Having considered the fact that the investigation is over and also the reasonable

possibility of securing the presence of the petitioners at the stage of trial, I am of the view that they can now be enlarged on bail by imposing stringent

conditions.

In the result, this application will stand allowed, however, it shall be subject to the following conditions:

The petitioners shall be released on bail on their executing a bond for Rs.50,000/-(Rupees Fifty thousand only) each with two solvent sureties each for the like sum

to the satisfaction of the court having jurisdiction.

The petitioners shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence.

They shall not commit any offence while on bail.

They shall not leave the State of Kerala without the permission of 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.