Shafeek A Mohammed vs State Of Kerala

Dr. Kauser Edappagath, J

This application is filed u/s 439 of the Code of Criminal Procedure seeking regular bail.

The applicants are the accused Nos.2 & 3 in Crime No.191/2023 of Valiathura Police Station, Thiruvananthapuram. The offences alleged are punishable under Sections 365, 368, 342, 386 and 34 of the IPC. Later the Sections were altered into Sections 364 A, 368, 342, 120 B, 506 and 395 of the IPC.

The prosecution case, in short, is that the accused No.1 pretended love with the defacto complainant with dishonest intention to cheat him and when he came from Dubai on 22.02.2022, at 6.30 pm, accused Nos.1 and 3 took him in an Innova car to a resort and thereafter accused Nos.2 to 7 confined him in a room, thereafter physically assaulted him and stole gold chain and mobile phone belonging to him and threatened him for obtaining the password for online bank transaction and accused made him to transfer Rs.7,52,000/- to the account of accused No.1. Accused No.2 by using the card of the defacto complainant transferred Rs.70,000/- to his account. Later the accused threatened a friend of the defacto complainant Osma and made him to transfer Rs.4,00,000/- to the account of the defacto complainant and later the said money was transferred to the account of accused No.8. Accused Nos.2 to 7 physically assaulted the defacto complainant again and made him to sign blank papers and other papers. Later the defacto complainant was taken back to the airport at 24.02.2023 at 5.45 pm and thereby committed the aforesaid offences.

I have heard Sri.P.Anoop (Mulavana), the learned counsel for the applicants and Sri.P.G.Manu, the learned Senior Public Prosecutor. Perused the case diary.

The learned counsel for the applicants submitted that the applicants are innocent and have been falsely implicated in the present case. The counsel further submitted that no materials are on record to connect the applicants with the alleged crime; hence, they are entitled to get bail. On the other hand, the learned Public Prosecutor submitted that the alleged incident occurred as a part of the intentional criminal acts of the applicants, and they are not entitled to bail at this stage.

The applicants were remanded to judicial custody on 25.02.2023. Accused Nos.1 and 8 were already granted bail by the Sessions Court, Thiruvananthapuram. The investigation is almost over. The applicants have no criminal antecedents. For all these reasons, I do not find any reason to hold that the continued detention of the applicants is required for any purpose. Hence, the applicants are entitled to be released on bail.

In the result, the application is allowed on the following conditions: -

(i) The applicants shall be released on bail on executing a bond for Rs.1,00,000/- (Rupees One lakh only) each with two solvent sureties for the like sum each to the satisfaction of the jurisdictional Magistrate/Court.

(ii) The applicants shall fully co-operate with the investigation.

(iii) The applicants shall appear before the investigating officer between 10.00 a.m and 11.00 a.m every Saturday until further orders. They shall also appear before the investigating officer as and when required.

(iv) The applicants shall not commit any offence of a like nature while on bail.

(v) The applicants shall not attempt to contact any of the prosecution witnesses, directly or through any other person, or in any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation.

(vi) The applicants shall not leave the State of Kerala without the permission of the trial Court.

(vii) The application, if any, for deletion/modification of the bail conditions or cancellation of bail on the grounds of violating the bail conditions shall be filed at the jurisdictional court.