Nousheer vs State Of Kerala

Shircy V, J

Apprehending arrest in Crime No. 37 of 2021 of Nadapuram Police Station, Kozhikode Rural registered for the offences punishable under Sections 365, 201 read with Section 34 of the Indian Penal Code, this petitioner, who is the 6th accused, has approached this Court by filing this application.

The prosecution allegation is that on 19.02.2021 at about 12.15 a.m. one Ajinas, the friend of the defacto complainant, was returning to his house after watching a football match. This petitioner along with the other accused came in an Innova car, kidnapped him and then took him to Ootty and wrongfully confined him for sometime and thereafter he was released from the wrongful confinement and then in the night he reported before the police and thus the crime was registered.

The learned counsel for the petitioner has raised a plea of false implication and it is also pointed out that another accused involved in this crime has already been granted pre-arrest bail by this court as per Annexure II order.

The learned Public Prosecutor has submitted that on investigation it was revealed that some smuggled gold was brought to the Airport at Kannur. The accused on a misunderstanding that the gold were entrusted to the friend of the defacto complainant and he has taken the same. So, the petitioner as well as other accused had abducted the friend of the defacto complainant to find out the gold which has been taken by him from the carrier who brought it to the Airport. Now investigation of the case is only in the preliminary stage. Out of the total nine accused, eight of them have already been arrested.

The offences alleged against this petitioner appears to be very serious in nature. It is true that this Court has considered the bail application of accused Nos. 4 and 5 and granted bail considering the pandemic situation of our State. Though custodial interrogation was not found necessary, they have appeared before the Investigating Officer for interrogation. That be so, I think that this application can also be disposed of directing the petitioner to surrender before the Investigating Officer.

Therefore, this application is disposed of directing the petitioner to surrender before the Investigating Officer on 04.10.2021 at 10.30 a.m. Upon his surrender, after interrogation and recording arrest, he 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) each with two solvent sureties for the like sum each to the satisfaction of the Investigating Officer.

(ii) He shall appear for interrogation before the Investigating Officer as and when required by him in writing. He shall co-operate with the investigation of the case.

(iii) He shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence.

(iv) He shall not commit any offence while on bail.

In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with the law.