Illyas vs State Of Kerala

K.Babu, J

This is an application filed under Section 439 of the Code of Criminal Procedure.

The petitioner is accused No.10 in Crime No.678/2020 of Ottapalam Police Station. The offences alleged against the petitioner and other accused are punishable under Sections 143, 144, 147, 148, 341, 323, 324, 307 and 302 r/w Section 149 of the Indian Penal Code.

The prosecution case is that on 31.05.2020 at about 10.00 p.m, the defacto complainant was wrongfully restrained by the petitioner and the other accused and caused grievous injuries to him by means of dangerous weapons. The defacto complainant succumbed to the injuries. The petitioner remained absconding and therefore, the final report was submitted against the accused available for trial. Thereafter split charge was filed against the petitioner and the other accused.

The trial court proceeded with the trial against the accused Nos.1,2, 4 and 6 and they were found guilty and convicted.

The petitioner was arrested on 01.12.2022 and has been in judicial custody since then.

Heard the learned counsel for the petitioner and the learned Public Prosecutor.

The learned Counsel for the petitioner submitted that accused Nos.5 and 11 were granted regular bail by this Court in B.A.Nos.2762 & 2745/2023. It is also submitted that the petitioner has been in custody for more than four months as of now. The final report has already been submitted. The petitioner is on the same footing as that of the accused Nos.5 and 11, who had been granted bail by this Court. Therefore, I do not find any reason to detain the petitioner any further.

In such cirucmstances, the bail application is allowed on the following conditions:

(a) The petitioner shall be released on bail on his executing bond for Rs.1,00,000/ (Rupees Fifty Thousand Only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional court.

(b) The petitioner shall appear before the Investigating Officer as and when required.

(c) The petitioner shall not commit any offence of similar nature while on bail.

(d) The petitioner shall not try to influence the prosecution witnesses or attempt to tamper with the evidence.

(e) The petitioner shall not leave the State of Kerala without the permission of the jurisdictional court.

(f) The petitioner shall surrender his passport before the jurisdictional court and, in case he does not have a passport, an affidavit to that effect shall be filed.

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