Riyas P., Sakkariya P., Abdul Razak P. v. State of Kerala

1 Bail Application No. 421 of 2024 ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ## **`THE HONOURABLE MR.JUSTICE C.S.DIAS`** ``` WEDNESDAY, THE 24[TH] DAY OF JANUARY 2024 / 4TH MAGHA, 1945 BAIL APPL. NO. 421 OF 2024 ``` ``` CRIME NO.809/2023 OF Koduvally Police Station, Kozhikode ``` ## **`PETITIONER/S:`** ``` 1RIYAS P,AGED 29 YEARS S/O MOITHU, PARAKKAL HOUSE, AVILORA P O, KODUVALLY, KOZHIKODE DISTRICT -, PIN - 673572 2SAKKARIYA P,AGED 36 YEARS S/O MOITHU, PARAKKAL HOUSE, AVILORA P O, KODUVALLY, KOZHIKODE DISTRICT, PIN - 673572 3ABDUL RAZAK P,AGED 51 YEARS S/O MOITHU, PARAKKAL HOUSE, AVILORA P O, KODUVALLY, KOZHIKODE DISTRICT -, PIN - 673572 BY ADVS. S.RAJEEV V.VINAY K.RAKESH RAJESH BABU CHELAT M.S.ANEER PRERITH PHILIP JOSEPH ANILKUMAR C.R. K.S.KIRAN KRISHNAN ``` ## **`RESPONDENT/S:`** ``` STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 SMT.SEETHA.S, SENIOR PUBLIC PROSECUTOR ``` ``` THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 24.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` 2 Bail Application No. 421 of 2024 ## **C.S.DIAS,J** **======================** **Bail Application No. 421 of 2024** **----------------------------------Dated this the 24[th] day of January, 2024** ## **O R D E R** The application is filed under Section 439 of the Code of Criminal Procedure, 1973, by the accused 2 to 4 in crime No.809/2023 of the Koduvally Police Station, Kozhikode, registered against the accused (four in number), for allegedly committing the offences punishable under Secs. 452,365,367, 368, 342, 323, 324, 326, 506, 307 read with Sec.120B of the Indian Penal Code. The petitioners were arrested on 27.12.2023. 2. The gist of the prosecution case is that: around 12.45 hours on 12.12.2023, the accused 1 to 3 trespassed 3 Bail Application No. 421 of 2024 into the shop of the defacto complainant with deadly weapons and with an intention to commit an offence, the first accused by holding a knife to the abdomen of the defacto complainant threatened to kill him. Thereafter, they abducted the defacto complainant in a car bearing registration No.KL 57/Y 9595 and took him to a two storied building at a place named, Mannilkadvu. The accused 1 and 2 inflicted injuries on the defacto complainant by hitting him with a wooden stick. The first accused pushed and kicked the defacto complainant Thereafter, the second accused hit the defacto complainant with a wooden stick. It is only because the defacto complainant warded off the hit, he has survived. Thus, the accused have committed the above offences. 4 Bail Application No. 421 of 2024 3. Heard; Sri.S.Rajeev, the learned counsel appearing for the petitioners and Smt.Seetha.S, the learned Public Prosecutor appearing for the respondent. 4. The learned counsel for the petitioners submitted that the petitioners have been falsely implicated in the crime. In fact, the defacto complainant had developed a relationship with the wife of the first petitioner/second accused. Later, in a mediation talk that took place, the defacto complainant agreed that he would not continue with the relationship. The alleged incident occurred on 12.12.2023, but Annexure-I was registered only on 18.12.2023, which by itself shows the falsity in the crime. Even going by the FIR, it is the first accused who caused the injuries. The petitioners are in judicial custody since 5 Bail Application No. 421 of 2024 27.12.2023, which is now a month. The investigation so far as it relates to the petitioners is practically complete and the recovery has been effected. Hence, the petitioners’ further detention is unnecessary. They are willing to co-operate with the investigation. Hence, the application may be allowed. 5. The learned Public Prosecutor opposed the application. She made available the case diary and the report filed by the Investigating Officer. She contended that the first accused is still at large. If the petitioners are granted bail at this stage, it would hamper with the investigation. The investigation is in progress and recovery is to be effected. The investigation can be completed only after the arrest of the first accused. The petitioners are 6 Bail Application No. 421 of 2024 likely to interfere with the investigation and intimidate the witnesses. Hence, the application may be dismissed. Nonetheless, she conceded to the fact that the petitioners have no criminal antecedents. 6. On an anxious consideration of the materials placed on record, particularly after going through Annexure-I FIR, which is registered six days after the incident, that there was a mediation talk between the defacto complainant and the accused due to an alleged relationship between the defacto complainant and the wife of the second accused/first petitioner , that the petitioners are in judicial custody since 27.12.2023, that the investigation so far as it relates to the petitioners is practically complete, that the recovery has been effected 7 Bail Application No. 421 of 2024 and the petitioners have no criminal antecedents, I am of the view that the petitioners’ continued detention is unnecessary. Hence, I am inclined to allow the bail application subject to stringent conditions. In the result, the application is allowed, by directing the petitioners to be released on bail on them 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, which shall be subject to the following conditions: (i) The petitioners shall appear before the Investigating Officer on every Saturday between 9 a.m. and 11 a.m for a period of one month or till the final report is laid, 8 Bail Application No. 421 of 2024 whichever is earlier. They shall also appear before the Investigating Officer as and when required; (ii) The petitioners shall not directly or indirectly make any inducement, threat or procure to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the court or to any Police Officer or tamper with the evidence in any manner, whatsoever; (iii) The petitioners shall not commit any offence while they are on bail; (iv) The petitioners shall surrender their passports, if any, before the court below at the time of execution of the bond. If they have no passports, they shall file affidavits to the effect before the court below on the date of execution of the bond; 9 Bail Application No. 421 of 2024 (v) The petitioners shall furnish their present address and permanent address, and their mobile phone number to the court below and the Investigating Officer; (vi) In case of violation of any of the conditions mentioned above, the jurisdictional court shall be empowered to consider the application for cancellation of bail, if any filed, and pass orders on the same, in accordance with law. (vii) Applications for deletion/modification of the bail conditions shall be moved and entertained by the court below. (viii) Needless to mention, it would be well within the powers of the Investigating Officer to investigate the matter and, if necessary, to effect recoveries on the information, if 10 Bail Application No. 421 of 2024 any, given by the petitioners even while the petitioners are on bail as laid down by the Hon'ble Supreme Court in **Sushila Aggarwal v. State (NCT of Delhi) and another [2020 (1) KHC 663].** sd/- sks/24.1.2024 **C.S.DIAS, JUDGE** 11 Bail Application No. 421 of 2024 ## **`APPENDIX OF BAIL APPL. 421/2024`** ``` PETITIONER ANNEXURES ``` ``` Annexure IIORDER DATED 11-01-2024 IN CRMC 9/2024 ON DISTRICT COURT & SESSIONS COURT,KOZHIKODE Annexure IA COPY OF THE FIR IN CRIME NO 809/2023 OF KODUVALLY POLICE STATION, KOZHIKODE DISTRICT ```