Vishnu J vs State Of Kerala

Ziyad Rahman A.A., J

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

These bail applications are submitted by the accused Nos.1, 3 and 4 in Crime No.121 of 2023 of Infopark Police Station. Petitioner in Bail Application No.3181 of 2023 is the 4th accused and the petitioners in Bail Application No.1183 of 2023 are the accused Nos.1 and 3. Offences alleged against the accused persons are under Sections 143, 147, 148, 341, 342, 323, 324, 364A and 307 read with Section 149 IPC.

The prosecution case against the petitioners are as follows:

On 24.01.2023 at 7:00 PM, the 1st accused, a friend of the husband of the de facto complainant, picked up the de facto complainant and her husband from ‘We Mart Supermarket’, Kakkanad, in an ash coloured Innova car. When the said car was driven by the husband of the de facto complainant and when they reached the main gate of KINFRA, said vehicle was obstructed by another car. Thereafter, the persons travelling in the car which obstructed the Innova car, forcibly took the husband of the de facto complainant in the said vehicle and later demanded an amount of Rs.5,00,000/- as a ransom for the release of the de facto complainant. It is also alleged that, while the husband of the de facto complainant was in the custody of the accused persons, they assaulted him with weapons and thereby committed the offence. The crime was registered in such circumstances and in connection with the investigation of the said case the 1st and 3rd accused persons were arrested on 26.01.2023 and the 4th accused was arrested on 17.02.2023. Since then, the petitioners are under judicial detention. These applications are submitted for regular bail in such circumstances.

Heard Sri.K.Shaj, learned counsel for the petitioners and Sri.C.N.Prabhakaran, learned Public Prosecutor for the State.

Learned counsel for the petitioners submits that the petitioners are innocent of all the allegations. The victim is involved in several other cases and the petitioners were implicated with false allegations. It is pointed out that the petitioners are prepared to abide by any conditions that may be imposed by this Court and all these petitioners are under judicial custody for a fairly long period.

On the other hand, the learned Public Prosecutor would oppose the aforesaid application. It is pointed out that the 1st and 4th accused is having criminal antecedents of being involved in offences under the provisions of NDPS Act. It is also pointed out that there are specific allegations of overt acts against the petitioners herein and the matter is under investigation.

I have gone through the records and heard the contentions of either side. It is true that there are allegations against the petitioners herein. However, the fact remains that the 1st and 3rd accused are in custody since 26.01.203 and the 4th accused is in custody since 17.02.2023. There is substantial progress in the investigation. In such circumstances, taking into account of the period of detention, the petitioners have already undergone and the stage of investigation, I do not find any necessity of continuing the incarceration of the petitioners.

Therefore, the petitioners are directed to be released on bail on the following conditions:

(i) The petitioners shall be released on bail on executing a bond for Rs. 1,00,000/- (Rupees One lakh only) each with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Magistrate/Court.

(ii) The petitioners shall fully co-operate with the investigation.

(iii) The petitioners shall appear before the investigating officer between 10.00 a.m and 11.00 a.m on every Monday until the filing of final report.

(iv) The petitioners shall also appear before the investigating officer as and when required by him.

(v) The petitioners shall not commit any offence of similar nature while on bail.

(vi) The petitioners 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.

(vii) The petitioners shall not leave State of Kerala without the permission of the trial Court.

In case of violation of any of the above conditions, the jurisdictional Magistrate/Court shall be empowered to consider the application for cancellation of bail, if any, and pass appropriate orders in accordance with the law.