Saheed @Sayed vs State Of Kerala

Application for regular bail under Section 439 Cr.PC. The applicant is the second accused in Crime No.37/2021 of Nadapuram Police Station for having allegedly committed offences punishable under Sections 365 and 201 read with Section 34 IPC.

The prosecution case, in brief, is that on 19.2.2021 at about 12.15 a.m., the applicant in furtherance of common intention with five others allegedly abducted the defacto complainant's friend Ajnas while he was returning from a football ground in an Innova Car and thus committed the offence. The applicant was arrested on 20.2.2021 and remanded to judicial custody and continues to be in remand.

The applicant states that he is innocent and the allegations are not true. He has been arrested as a consequence of mistaken identification and is not involved in the crime.

Heard the learned counsel for the applicant and the learned Public Prosecutor.

The learned Public Prosecutor submits that only three out of six persons who were committed the crime, have been arrested and the rest are still at large. It is also submitted that the applicant has one antecedents of the year 2018 and therefore, the bail application is vehemently opposed.

After having heard the submissions of both sides, I find that the applicant has been in custody since 20.2.2021 and no purpose would be served by further incarcerating him. The fact that the co-accused have not been apprehended is not a reason for further incarceration. The only criminal antecedents against him is of the year 2018 and he has not been involved in any other crime either prior to that or subsequent to that. Therefore, his detention is not required.

In the result, the Bail Application is allowed and the applicant is directed to be released on bail on execution of a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties, each for the like amount to the satisfaction of the jurisdictional court and on the following conditions:

(I) He shall appear before the investigating officer as and when called for and cooperate with the investigation.

(ii) He shall not attempt to influence or intimidate the witnesses or tamper with evidence.

(iii) He shall not get involved in similar offences during the currency of the bail.

In case of breach of any of the bail conditions, the prosecution shall be at liberty to approach the jurisdictional court to get the bail order cancelled.