Shamsudheen vs State Of Kerala

Gopinath P, J

This is an application for regular bail.

The petitioner is the 1st accused in Crime No. 117 of 2022 of Mannuthy Police Station, alleging commission of offences under Sections 341, 323, 354 & 366 r/w Section 34 of the Indian Penal Code.

The allegation against the petitioner is that the petitioner together with the 2nd accused and some others, abducted the daughter of the de facto complainant when she was travelling in a car together with the de facto complainant and her minor daughter.

The learned counsel for the petitioner submits that the allegation is that the petitioner/1st accused in this case had abducted the daughter of the de facto complainant with an intention to marry her. It is submitted that the petitioner was in love with the daughter of the de facto complainant and that the daughter of the de facto complainant had been married off to another person. It is further submitted that there are marital disputes between the daughter of the de facto complainant and her husband, and she had voluntarily gone along with the petitioner in the case.

The learned Public Prosecutor and the learned counsel for the de facto complainant vehemently oppose grant of bail. It is submitted that the de facto complainant is a handicapped person and while he was travelling with his family, some persons, numbering about eight, came in two cars and blocked his car and had forcefully taken his daughter after attacking him and after pushing aside his minor granddaughter. It is further submitted that the petitioner was actively involved in the matter and should not be granted bail at this point of time. It is also submitted that a statement under Section 164 Cr.P.C. of the daughter of the de facto complainant has not been recorded so far. It is further stated that the daughter of the de facto complainant is suffering from mental illness.

The learned counsel for the petitioner would add that even the statement recorded under Section 161 Cr.P.C. from the daughter of the de facto complainant would reveal that no one had attempted to kidnap her.

Having regard to the facts and circumstances of the case and taking into account of the nature of allegations against the petitioner and taking into account the fact that the petitioner has been in custody since 10.02.2022, I am of the view that the petitioner can be granted bail, subject to conditions.

In the result, the bail application is allowed and it is directed that the petitioner shall be released on bail subject to the following conditions:

(a) The petitioner shall execute bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional court;

(b) Petitioner shall appear before the investigating officer in Crime No. 117 of 2022 of Mannuthy Police Station, whenever called upon to do so;

(c) The petitioner shall not enter the local limits of Wadakkancherry South Police Station, where the de facto complainant is stated to be residing, till 30.06.2022;

(d)The petitioner shall not attempt to interfere with the investigation or to influence or intimidate the de facto complainant or any witness in Crime No. 117 of 2022 of Mannuthy Police Station;

(e) The petitioner shall not involve in any other crime while on bail.

If any of the aforesaid conditions is violated, the investigating officer in Crime No. 117 of 2022 of Mannuthy Police Station, may file an application before the jurisdictional court for cancellation of bail.