Sunu Linson vs State Of Kerala

A. Badharudeen, J

This is a petition filed under Section 439 of the Code of Criminal Procedure, seeking bail and the petitioners are accused Nos. 2, 4 and 6 in Crime No. 189/2023 of Valappad police station, Thrissur.

Heard the learned counsel for the petitioners as well as the learned Public Prosecutor. Perused the case diary, detailed report as such along with the copy of wound certificate, placed by the learned Public Prosecutor.

In nutshell, the prosecution allegation is that at about 11.30 am on 25.02.2023 accused Nos. 1 and 2 kidnapped the de facto complainant demanding ransom and wrongfully confined him. Further allegation is that, thereafter, the accused herein jointly manhandled him and thieved a mobile phone from the possession of the de facto complainant. Pursuant to the occurrence, crime alleging commission of offences punishable under Sections 451, 342, 365, 323, 324, and 392 read with 34 of the IPC was registered and the same is on investigation.

While pressing for grant of regular bail to the petitioners who have been in custody from 26.02.2023 the learned counsel appearing for the petitioners stressed the substantive improvement in the investigation as a ground for the same.

The learned Public Prosecutor opposed bail and submits that though accused Nos. 2 and 6 have no criminal antecedents. The 4th accused, who is a person have criminal antecedents as stated under:-

Kaipamangalam police station:-

Crime No. 812/2020 under Section 20(b) (ii)(B) of NDPS Act;

Crime No. 72/2020 under Section 279 of IPC and Section 185 of MV Act.

Vatanappilly police station:-

Crime  No.  1078/2012  under  Section  15(c) of the Abkari Act;

Mathilakam police station:-

Crime  No.207/2011  under  Sections  279, 338 of the IPC.

Therefore, the learned Public Prosecutor specifically oppose grant of bail to the 4th accused.

On perusal of the case records, the protection allegations are well made out prima facie. It is true that the 4th accused has involvement in four crimes. However, Crime No. 812/2020 alleging offences punishable under Section 20(b)(ii)(B) of the NDPS Act is the only serious one and in other crimes offences are minor in nature.

In view of the above, in consideration of the progress of the investigation and the custody of the petitioners from 26.02.2023, the petitioners can be enlarged on regular bail on imposing stringent conditions and one among the conditions is that, the petitioners shall not involve in any other offence during the currency of bail hereby granted and any such involvement, if reported, or came to the notice of this court, the same alone shall be a ground to cancel the bail hereby granted.

Therefore, the petition stands allowed. The petitioners are enlarged on bail on conditions:-

i. The petitioners shall be released on bail on his executing bond for Rs.50,000/-(Rupees Fifty Thousand Only) each with two solvent sureties, each for the like amount to the satisfaction of the Jurisdictional court concerned.

ii. The petitioners shall not intimidate the witnesses or tamper with evidence. They shall co-operate with the investigation and shall be available for trial.

iii. The petitioners shall appear before the Investigating Officer as and when directed, apart from appearing before the Investigating Officer on all Saturdays between 9 am and 10 am, for a period of three months.

iv. The petitioners shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of this case, so as to dissuade him from disclosing such facts to the court or to any police officer.

v. The petitioners shall not involve or indulge in any other offence, during the currency of bail hereby granted and any such involvement, if reported, or came to the notice of this court, the same alone shall be a ground to cancel the bail.