X vs State Of Kerala

Viju Abraham, J

These are applications for regular bail.

The petitioner in B.A. No. 7941 of 2022 is the 2nd accused and petitioner in B.A. No.8019 of 2022 is the 7th accused in Crime No.467 of 2020 registered by the Bakel Police, Kasaragod District alleging offences under Section 342, 323, 324, 326 and 365 read with Section 34 of the Indian Penal Code. Offences under Sections 367 and 120B IPC were subsequently added during the investigation.

The prosecution allegation is that on 30.08.2020, the first accused kidnapped the defacto complainant named Mohammed Ashraf, and after confining him in a rented building, he along with accused Nos.2 to 7 brutally assaulted the defacto complainant with wooden logs and compelled the defacto complainant to accept his and another person's illicit relationship with the sixth accused, and in the assault, serious injuries including fractures was sustained by the defacto complainant and thereby the accused committed the offences alleged. The defacto complainant is alleged to have suffered three fractures on the right hand and right leg while the other person by name Muneer also suffered minor injuries.

The petitioner in B.A. No.7941 of 2022 has approached this Court along with some other accused in the present crime seeking anticipatory bail by filing B.A. No. 6250 of 2022 and the said application was dismissed as per Annexure A1 order. The petitioner was arrested on 27.09.2022 and is in custody since then. The petitioner is the husband of the victim in a series of cases registered under Section 376 IPC and the defacto complainant is also an accused in the said crime. Even though the defacto complainant moved an application for anticipatory bail as B.A. No. 2694 of 2021, the same was rejected by Annexure 2 order. Petitioner submits that he is in custody for a long and his continued detention is not required for the purpose of the investigation. In B.A. No. 8019 of 2022 also the above contentions were reiterated and it is further submitted that the petitioner was implicated as an accused on the basis of some hearsay evidence and only for the reason that he is the friend of the 2nd accused and had actively involved in the conduct of the case against the defacto complainant, against whom offence under Section 376 IPC is alleged. He further submitted that his father died on 07.10.2022 and when he came to the home town from abroad to attend the funeral, he was apprehended at the Airport on 08.10.2022. The defacto complainant entered appearance through counsel and seriously opposed the application for bail mainly contending that he was brutally manhandled and he sustained fractures of the right wrist, right palm and right knee.

Learned Public Prosecutor also seriously opposed the applications for bail mainly contending that the defacto complainant was abducted for recording a video of his confession that he and a few other persons had illicit relationship with the 6th accused in the present crime and was brutally manhandled, resulting in severe injuries including three fractures.

It is seen that the petitioner in B.A. No.7941 of 2022 who is the 2nd accused in the crime was arrested on 27.09.2022. In view of the same, I am of the opinion that continued detention of the petitioner is not required for the purpose of the investigation whereas the petitioner in B.A. No.8019 of 2022 against whom also serious overt acts are alleged was arrested only on 08.10.2022. Therefore, considering the facts and circumstances of the case, I am inclined to grant bail to the petitioner in B.A. No.7941 of 2022, but I am not inclined to grant bail in B.A. No.8019 of 2022, and the same is accordingly dismissed.

Therefore, B.A. No.7941 of 2022 is accordingly allowed, and bail is granted on the following conditions.

(i) The petitioner shall execute a 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.

(ii) Petitioner shall appear before the investigating officer in Crime No. 467 of 2020 registered by the Bakel Police, Kasaragod District, on every Saturday at 11.00 a.m. till filing of the charge sheet.

(iii) The petitioner shall not attempt to interfere with the investigation or to influence or intimidate any witness in Crime No. 467 of 2020 registered by the Bakel Police, Kasaragod District.

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

If any of the aforesaid conditions are violated, the investigating officer in Crime No. 467/2020 registered by the Bakel Police, Kasaragod District may file an application before the jurisdictional court, for cancellation of bail.