Riyas Hassan @ Riyas vs State Of Kerala

Viju Abraham, J.

This is an application for Regular Bail.

The petitioners are accused Nos.3, 4 and 5 in Crime No.493/2022 of Manjeshwar Police Station, Kasaragod alleging commission of offences punishable under Sections 341, 324, 364, 302 r/w Section 34 and 120 B of the IPC.

The prosecution allegation is that, on 26.06.2022 at about 11 am, in pursuance of a criminal conspiracy, the accused in the above case kidnapped one Abubacker Siddique, aged 31 years, who is the deceased in the above case, in a car, took him to a residential house at Pyvalikee Village, detained him there and beat him with wooden stick and thereby caused his death. Later, his dead body was abandoned at D.M. Hospital Bandiyod.

Though the petitioners moved an application for bail before this Court earlier, the same was rejected by Anx.2 – order. The learned counsel for the petitioners submitted that the petitioners are entitled for statutory bail in as much as the charge is not yet laid.

The learned Public Prosecutor, upon instructions, submitted that the submission made by the learned counsel for the petitioners is true in as much as charge sheet is not laid and the petitioners are entitled for statutory bail.

Having regard to the facts and circumstances of the case, taking into consideration the fact that the charge sheet is not yet laid and that the petitioners are entitled for statutory bail, I am inclined to grant bail to the petitioners and it is ordered that the petitioners shall be released on bail on the following stringent conditions:

(i) The petitioners shall execute a bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like-sum to the satisfaction of the jurisdictional court;

(ii) Petitioners shall appear before the investigating officer in Crime No.493/2022 of Manjeshwar Police Station, Kasaragod on every Saturday at 10 am, until filing of final report;

(iii) The petitioners shall not attempt to interfere with the investigation or to influence or intimidate the defacto complainant or any witness in Crime No.493/2022 of Manjeshwar Police Station, Kasaragod;

(iv) The petitioners shall not enter the jurisdictional limits of the Manjeshwar police station, Kasaragod till the filing of the charge sheet, except for the purpose of complying with condition No.(ii) above or to attend any court proceedings;

(v) The petitioners shall not leave the State without obtaining order from the jurisdictional Court;

(vi) The petitioner shall surrender their passport before the jurisdictional court. If the petitioners does not have a passport, they shall execute an affidavit to that effect and file the same before the said court within seven days of release on bail;

(vii) The petitioners shall not involve in any other crime while on bail.

If any of the aforesaid conditions are violated, the investigating officer in Crime No.493/2022 of Manjeshwar Police Station, Kasaragod may file an application before the jurisdictional court, for cancellation of bail.