Sabin Varghese vs State Of Kerala

Viju Abraham, J.

This is an application for regular bail.

Petitioner is the 4th accused in Crime No.1174 of 2022 of Ernakulam Town South Police Station registered alleging commission of offences punishable under Sections 308, 323, 324, 342 and 365 read with Section 120(b) of the Indian Penal Code.

The case of the 2nd respondent is that one Bagthi Nayak, who is the salesman in the defacto complainant's bar, had received Rs.19,500/- from the 1st accused for availing a narcotic substance. But the said person did not give it as agreed. With this animosity the 1st accused along with the other accused persons on 11.10.2022 at 10:30 p.m. went into the bar and made him entered into Innova Car bearing registration No. KL--05-2022 and abducted him to Kottayam. According to the 2nd respondent the accused persons assaulted the victim inside the vehicle and thereafter took him to a house near to Kottayam and attacked the victim again. Thereafter, dropped the victim in the bus stand. According to the 2nd respondent, the victim came to the police station on early morning of the very next day and gave deposition regarding the incident. Thus the accused has committed the abovesaid offences.

Petitioner submits that he was arrested on 13.10.2022 and is in custody since then and that he has no other criminal antecedents. Petitioner further submits that no serious overt acts are alleged against him.

Learned Public Prosecutor upon instructions submitted that the petitioner along with other accused abducted the victim and assaulted him. Learned Public Prosecutor further submits that serious overt acts are alleged against accused Nos.1 and 2. Learned Public Prosecutor upon instructions also submitted that the petitioner has no other criminal antecedents.

Considering the facts and circumstances of the case and the fact that the petitioner is in custody from 13.10.2022 and also taking into consideration the fact that the petitioner has no other criminal antecedents, I am inclined to grant bail to the petitioner. In the result, the bail application is allowed. It is directed that the petitioner shall be released on bail subject to the following conditions:

(i) The petitioner shall execute a 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.

(ii) He shall appear before the investigating officer in Crime No.1174 of 2022 of Ernakulam Town South Police Station on all Saturdays at 11.00 a.m. till filing of the charge sheet.

(iii) He shall not attempt to interfere with the investigation or to influence any witness in the abovesaid crime.

(iv) He shall not involve in any other crime while on bail.

If  any  of  the  aforesaid  conditions  are  violated,  the investigating officer in Crime No.1174 of 2022 of Ernakulam Town South Police Station may file an application before the jurisdictional court, for cancellation of bail.