Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR TUESDAY, THE 26TH DAY OF DECEMBER 2023 / 5TH POUSHA, 1945 BAIL APPL. NO. 11342 OF 2023 CRIME NO.1802/2023 OF Kallambalam Police Station, Thiruvananthapuram AGAINST THE ORDER CMP 9948/2023 OF JUDICIAL MAGISTRATE OF FIRST CLASS - IV, ATTINGAL PETITIONERS: 1 SHAHIN AGED 27 YEARS S/O SHARAFUDEEN SHILU MANZIL, PUTHENKADAVU, CHERUNNIYOOR DESOM, THIRUVANANTHAPURAM DISTRICT, PIN - 695142 2 NIRANJAN AGED 21 YEARS S/O SASEENDRA BAB, LEKSHMIVEEDU, THANNIMOODU CHERUNNIYOOR DESOM, THIRUVANANTHAPURAM DISTRICT, PIN - 695142 BY ADV C.R.SIVAKUMAR RESPONDENT: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 SMT. REKHA.S, SR.PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26.12.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
P.G. AJITHKUMAR, J.
------------------------------- B.A.No. 11342 of 2023 -------------------------------------------------------- Dated this the 26th day of December, 2023
ORDER
This is an application for bail filed under Section 439 of the Code of Criminal Procedure, 1973.
2. The petitioners are accused Nos. 2 and 3 in Crime
No. 1802 of 2023 of Kallambalam Police Station, Thiruvananthapuram. They allegedly had committed the offences punishable under Sections 294(b), 506(1), 341, 323, 354, 354D and 366 read with Section 34 of the IPC.
3. Heard the learned counsel for the petitioners and the learned Public Prosecutor.
4. The prosecution allegation is that on 10.12.2023
at about 4 p.m., the accused, three in number, kidnapped the defacto complainant, with an intention to force her to illicit intercourse with the 1st accused. It is alleged that, the accused waited in a car bearing Registration No. Kl-
16-S-1767 near the tuition centre, where the defacto complainant studies, and when she came out, the 1st accused pushed her, caught hold of her and dragged her inside the car. When the defacto complainant's friend intervened and tried to help the defacto complainant, the accused also restrained him. Thereafter, the 2nd accused drove away the car with the 3rd accused sitting near him and the 1st accused in the back seat. It is alleged that, later, when the victims made a hue and cry, the accused dropped her on the road.
5. The petitioners would contend that they did not
involve in the alleged crime and without any material or evidence, they have been implicated in the crime. They are innocent. The investigation in the matter has been progressed considerably and there is no reason or justification for their further detention.
6. The learned Public Prosecutor would submit that
considering the seriousness of the offence and the possibility of interfering with the investigation by the petitioners in the event of their release on bail, this petition deserve only to be dismissed.
7. The first accused in the offence filed Crl. M. C.
No. 3285 of 2023 before the Sessions Court, Thiruvananthapuram seeking anticipatory bail. As per the order dated 19.12.2023, the 1st accused was granted anticipatory bail subject to certain conditions. The petitioners who are accused nos. 2 and 3 were arrested on 11.12.2023 and they have been in judicial custody since then. When the 1st accused is granted anticipatory bail, appears unnecessary to keep the petitioners in continued custody during the investigation. Considering the allegations against the petitioners their presence is not necessary for the furtherance of the investigation. In the circumstances, petitioners are entitled to be released on bail. In the result, the bail application is allowed and the petitioners are granted bail on their executing bonds for Rs.50,000/- (Rupees fifty thousand only), with two solvent sureties for the like amount each, to the satisfaction of the learned Magistrate, subject to the following
conditions:
(i) They shall not influence or intimidate witnesses or tamper with evidence;
(ii) They shall appear before the investigating officer as and when called for;
(iii) During the bail period, they shall not
get involved in any offence. In case of breach of the bail conditions, the prosecution shall be at liberty to apply for cancellation of the bail before the jurisdictional court. Sd/- P.G. AJITHKUMAR, JUDGE Svn
APPENDIX OF BAIL APPL. 11342/2023 PETITIONER ANNEXURES Annexure A1 A TRUE COPY OF THE ORDER IN CMP NO. FIRST CLASS MAGISTRATE COURT-IV ATTINGAL DATED 15/12/2023 Annexure A2 A TRUE COPY OF THE DISABILITY CERTIFICATE OF THE FIRST PETITIONER HEREIN 24/04/2023 Annexure A3 THE TRUE COPY OF THE F.I.R NO. STATION DATED 11/12/2023 Annexure A4 THE TRUE COPY OF THE ORDER OF CRL. MC NO.3285/2023 ON THE FILE OF THE COURT OF SESSIONS TRIVANDRUM DATED