Nousharban @ Chikku vs State Of Kerala

Mohammed Nias C.P., J

This is the second bail application filed by the petitioner/3rd accused seeking regular bail.

The petitioner is the third accused in Crime No.1811/2023 of Thoppumpady Police Station, Ernakulam, for having committed offences punishable under Sections 364, 364A, 365, 323, 324, 392, 307 r/w. 34 of the Indian Penal Code.

The prosecution case is that the accused persons abducted the victims in their car and took them to a ground near Malippuram Karuthedam Road as they demanded money for their MDMA business, brutally assaulted them with an iron rod, PVC pipe on their back, neck and legs, with the intention to kill them and hence, the accused person are said to have committed the aforesaid offences.

The learned counsel appearing for the petitioner submits that the petitioner has been detained since 28.08.2023 and that the major part of the investigation is over, that the only alleged overt act against the petitioner is for having hit with a PVC pipe, the continued custody of the petitioner is unnecessary.

The learned Public Prosecutor opposed the petition.

After having considered the submissions of the learned counsel for the petitioner and learned Public Prosecutor and considering the fact that the petitioner has been in custody since 28.08.2023 and that the major part of the investigation is over, that the second accused has already been granted bail and no apprehension being raised by the prosecution that if released on bail the petitioner is likely to abscond, I am inclined to grant bail on strict conditions.

Accordingly, this application is allowed, and the petitioner is granted bail subject to the following conditions:-

1.The petitioner shall be released on bail on executing a bond for Rs.1,00,000/-(Rupees One lakh only) with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction;

2.He shall appear before the Investigating Officer on all Saturdays between 9 a.m. and 11 a.m. for three months and thereafter as and when directed to appear.

3.He shall not intimidate or attempt to influence the  witnesses,  nor  shall  tamper  with  the evidence or do anything that might adversely affect the trial;

4.He shall not commit any offence while on bail;

5.He shall not leave the State of Kerala without the permission of the Court having jurisdiction;

6.The petitioner shall surrender his passport, if any, within seven days from the date of his release before the Court concerned, and if the release of the passport is required at a later period, the petitioner shall be at liberty to move an appropriate application for the same before the court having jurisdiction. If he has no passport, he shall file an affidavit to that effect before the court concerned on the date of execution of the bond or within three days thereafter.

7.He shall furnish his present address and his mobile number to the Court concerned and the investigating officer.

8.In  case  of  violation  of  any  of  the  above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation of bail and pass appropriate orders in accordance with law.