Vimal vs State Of Kerala

Bechu Kurian Thomas, J.

This is an application seeking regular bail filed under section 439 of the Code of Criminal Procedure, 1973.

Petitioner is the 3rd accused in Crime No.696/2022 of Kattoor Police Station, Thrissur, alleging offences punishable under Sections 341, 323, 324, 308, 364A and 506(i) r/w Section 34 of the Indian Penal Code.

According to the prosecution, on 01.10.2022, while the defacto complainant was walking along with her female friend, the accused 1 and 2 reached near them and kidnapped the defacto complainant and inflicted injuries to the brother of the defacto complainant and forced him to pay Rs.10,000/- as ransom and thereby committed the offences alleged.

Sri.Jithin Babu A., the learned counsel for the petitioner contended that the prosecution allegations are false and that the petitioner has no role at all in the allegation. It was further submitted that the petitioner having been arrested on 03.10.2022, further detention ought not to be permitted.

Sri.Noushad K.A., the learned Public Prosecutor opposed the grant of bail and contended that the allegations are serious and the investigation is still continuing, while accused 1 and 4 are yet to be arrested.

I have considered the rival contentions. Having regard to the circumstances of the case, even though the allegations against the petitioner are serious in nature, considering the young age of the petitioner and the period of detention already undergone, I am of the view that petitioner can be released on bail.

Accordingly, I allow this application on the following conditions :-

(a) Petitioner shall be released on bail on him executing a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction.

(b) Petitioner shall appear before the Investigating Officer as and when required.

(c) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence or contact the defacto complainant or her family members.

(d) Petitioner shall not commit any similar offences while he is on bail.

(e) Petitioner shall not leave India without the permission of the Court having jurisdiction.

In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law, notwithstanding the bail having been granted by this Court.