Saneesh 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 1st accused in Crime No.1258/2022 of Muvattupuzha Police Station for offences under Sections 341, 364A, 347, 323, 354, 368, 447, 342, 454, 386, 506, 143 and 149 of the Indian Penal Code, 1860 r/w Sections 7 and 8 of the Protection of Children from Sexual Offences Act, 2012.

The prosecution case is that on 07.05.2022, at about 6.00 p.m., accused, in furtherance of their common object kidnapped the husband of the defacto complainant, and confined him in a hotel room and caused bodily injury to compel him to return amounts borrowed. The accused also trespassed into the house of the defacto complainant and outraged her modesty as well as that of her minor daughter and committed extortion by removing equipment worth Rs.1 Crore .

Sri.Philip T.Varghese, the learned counsel for the petitioner contended that petitioner had surrendered and arrested on 27.06.2022 and that he has been in custody since then. It was further contended that the petitioner is totally innocent and that he has been roped in the case on the basis of false allegations.

Sri.Noushad  K.A.,  the  learned  Senior  Public  Prosecutor, vehemently opposed the grant of bail and submitted that petitioner is already an accused Crime No.227/2020 of Parappanangadi Police Station and the release of the petitioner on bail will cause prejudice to the entire case, especially since two of the remaining accused have not yet been arrested.

I have considered the rival contentions.

Petitioner is alleged to have participated along with other 9 accused in a serious offence. Prima facie, there are materials which indicate the involvement of the petitioner. However, since the petitioner was arrested on 27.06.2022, I am of the opinion that the continued detention of the petitioner may not be required for the purpose of investigation. Already, 8 accused amongst 10 have either surrendered or arrested and all have already obtained bail. In such circumstances, I am satisfied that continued detention of the petitioner is not required.

Accordingly I allow this application on the following conditions :-

(i) Petitioner shall be released on bail on his executing a bond for  Rs.1,00,000/-  (Rupees  One  lakh  only)  with  two  solvent sureties each for the like sum to the satisfaction of the court having jurisdiction.

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

(iii) 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.

(iv) Petitioner shall not commit any other offence while he is on bail.

(v) Petitioner  shall not enter the limits  of the Muvattupuzha Police Station pending trial of the case except for the purpose of complying with the conditions imposed.

(vi) 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.