Shoukathali @Shoukath vs State Of Kerala

Application for regular bail under Section 439 of Cr.P.C. The applicant is the 5th accused in Crime No.477/2019 of Perinthalmanna Police Station, Malappuram for having allegedly committed offences punishable under Sections 451, 364 and 395 of the IPC

The prosecution case, in brief, is that on 12.07.2019, the defacto complainant's son, Abdul Shukkoor was allegedly kidnapped by 12 identifiable persons includes the applicant from his house and abducted him in a car bearing Reg.No.KL 30F/4847 and thereafter under intimidation he was made to sign certain documents. He was also robbed of his computer, mobile phone, pen drive, and other valuable documents. Subsequently, the abducted person was found murdered in Dehradun, in consequence of which, the Dehradun Police has registered another crime for offence punishable under Section 302 of IPC against ten persons who were arrested.

The prosecution has not so far been able to connect the offence that took place in Dehradun with the alleged abduction of the deceased with the applicant. The applicant has been in custody from 20.01.2021. His applications were dismissed twice. Successive bail applications are maintainable if the applicant is able to convince this Court about the change in circumstances. The earlier applications were dismissed because the prosecution wanted time to establish the link between this crime and the murder case that took place in Dehradun. But, nothing has been revealed about this crime having a link with the murder case. I am of the opinion that further detention of the applicant may not be necessary. The learned Public Prosecutor has admitted that the applicant has no criminal antecedents.

Hence the application is allowed and the applicant is directed to be released on bail on the execution of a bond for Rs.50,000/-(Rupees fifty thousand only) with two solvent sureties, each for the like amount to the satisfaction of the jurisdictional court and on following conditions:-

(i) He shall appear before the investigating officer on all Saturdays between 9 a.m. and 12 noon for a period of two months or till the filing of the final report whichever is earlier.

(ii) He shall not tamper with evidence, intimidate or influence the witnesses.

(iii) He shall not get involved in similar offences during the currency of the bail.

In case of violation of any bail condition, the prosecution is at liberty to apply for cancellation of the bail before the jurisdictional court.