Sajeesh @ Unnikuttan vs State Of Kerala

Bechu Kurian Thomas, J

This is an application seeking regular bail filed under Section 439 of the Code of Criminal Procedure, 1973.

Petitioner is the 2nd accused in Crime No.839 of 2022 of Pavaratty Police Station, Thrissur, alleging offences punishable under Section 364A r/w Section 34 of the Indian Penal Code, 1860.

According to the prosecution, on 01.10.2022, the accused in furtherance of their common intention to obtain money, kidnapped the husband of the defacto complainant and demanded Rs.3,00,000/- for his release and thereby committed the offences alleged.

Sri.Rajit, the learned counsel for the petitioner contended that the prosecution allegations are false and that the accused having been arrested on 03.10.2022, the continued detention is not essential, especially since the investigation is almost completed.

Sri.Noushad K.A., the learned Public Prosecutor opposed the grant of bail and submitted that the investigation is still going on and therefore releasing the petitioner, that too having been alleged with a very serious crime ought not to be allowed.

I have considered the rival contentions. Though the petitioner is alleged to have committed a serious crime, having regard to the period of detention already undergone and the stage of investigation, I am of the view that further detention is not essential.

Accordingly, I allow this bail application on the following conditions :-

(a) Petitioner shall be released on bail on him executing a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction.

(b) Petitioner shall appear before the Investigating Officer as and when required.

(c) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence or contact the defacto complainant or her family members.

(d) Petitioner shall not commit any similar offences while he is on bail.

(e) Petitioner shall not leave India without the permission of the Court having jurisdiction.

In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law, notwithstanding the bail having been granted by this Court.