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Judgment
This application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking regular bail.
The applicant is the accused No.5 in Crime No.179/2024 of Manjeshwar Police Station, Kasaragod District. The offences alleged are punishable under Sections 143, 147, 148, 342, 323, 324, 364 and 302 read with Section 149 of the Indian Penal Code, 1860. 3. The prosecution case, in short, is that between 12.00 hours on 03.03.2024 and 12.00 hours on 04.03.2024, the applicant along with other accused, in prosecution of their common object, kidnapped the deceased, Moideen Arif, detained him, assaulted him and caused injuries to him, which resulted in his death. The applicant thereby committed the aforesaid offences.
I have heard Sri.P.Mohammed Sabah, the learned counsel for the applicant and Sri.Rasheed C.Nooranad, the learned Special Government Pleader. Perused the case diary.
The learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case. The counsel further submitted that no materials are on record to connect the applicant with the alleged crime; hence, he is entitled to bail. On the other hand, the learned Special Government Pleader submitted that the alleged incident occurred as a part of the intentional criminal acts of the applicant, and he is not entitled to bail at this stage.
The applicant was remanded to judicial custody on 22.08.2026. A perusal of the case diary would reveal that the accusation against the applicant is very serious, and it prima facie shows a premeditated criminal act on his part. Specific overt act has been attributed against the applicant. The crime is of the year 2024. Immediately after the commission of the crime, the applicant left for abroad and he was absconding all along. The investigation could not be concluded so far only due to the absence of the applicant. Considering the nature of the crime, the gravity of the offence, the complicity of the applicant in it, and the facts and circumstances mentioned above, I am of the view that the applicant cannot be released on bail at this stage.
The bail application, accordingly, is dismissed.