Shajahan vs State Of Kerala

Dr. Kauser Edappagath, J

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

The applicants are the accused Nos.1 to 3 in Crime No.817/2021 of Mannuthy Police Station, Thrissur District. The offences alleged are punishable under Sections 120B, 341, 324, 326 and 302 r/w 34 of IPC, now pending as SC.No.125/2022 on the files of the I Additional District Court, Thrissur.

The prosecution case, in short, is as follows:-

The accused Nos. 4 to 6 hatched criminal conspiracy with the accused Nos.1 to 3/applicants to commit the murder of the deceased Shameer on 16.10.2021. In pursuance of the said conspiracy, on 22.10.2021 at 03.30 p.m., the applicants travelled in the autorickshaw of the accused No.1 from Kalathode to Paravattani. When the deceased Shameer drove his mini truck from his home and reached in front of the Indian Bank, Paravattani, the accused Nos.1 to 3 attacked him with deadly weapons and inflicted fatal injuries. Later on, he succumbed to the injuries.

I have heard Sri.S. Rajeev, the learned counsel for the applicants and Sri. C.K. Suresh, the learned Public Prosecutor.

The learned counsel for the applicants submitted that the applicants are absolutely innocent and they have been falsely implicated in the present case. He further submitted that there are no materials to connect the applicants with the alleged crime and therefore they are entitled to get bail. The learned Public Prosecutor strongly opposed the bail application. He submitted that the trial has already been scheduled. He further submitted that the accused Nos. 1 and 3 has criminal antecedents. There are two cases against A1 and one case against A3.

A1 was arrested on 4.11.2021, A2 was arrested on 24.11.2021 and A3 was arrested on 26.10.2021. Since then they are in judicial custody. The investigation is over and the final report has already been filed. True, going by the prosecution case, the murder was executed in a pre-planned manner. However, the fact remains that the applicants are in custody for the last more than two years. Although there are cases against A1 and A3, they are bailable in nature. The remaining accused were already granted bail by this Court. Hence, I am of the view that further detention of the applicants is not required.

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 not enter into the Thrissur District till the culmination of trial.

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

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

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

(vi) The application, if any, for deletion, modification of bail conditions or for cancellation of bail on the ground of violation of the bail conditions shall be filed at the jurisdictional court.