Isubu Ziya vs State Of Kerala

Viju Abraham, J

This is an application for regular bail.

Petitioner is the 5th accused in Crime No.699 of 2010 of Kasargode Police Station registered alleging commission of offences punishable under Sections 307,120B and 212 of IPC and Section 25(1B) (a)and 27 of the Arms Act.

The prosecution case is that on 25.06.2010 at 19.45 hours, the petitioner along with other accused persons in furtherance of their common intention to cause death of the first informant and any one of his family members fired at the house situated at Thekkil Ferry in Thekkil Village. Thus, the accused are alleged to have committed the above said offences.

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

The petitioner was arrested in the above crime and has granted bail on 01.12.2014. Since the petitioner was away from Kerala and was involved in some other cases, he could not be present before the Court and a non-bailable warrant has issued against him. Subsequently, when he was in custody in connection with another crime, the petitioner was produced before the Court of Session, Kasargode on 26.3.2022 and he was remanded to custody. Petitioner submits that he has been in custody from 26.3.2022 and he is ready to abide by any conditions imposed by this Court. The petitioner had earlier filed an application for bail before the Sessions Court, Kasargode, the same was rejected as per Annexure-A order.

Learned Public Prosecutor opposed the bail application and submitted that the petitioner is involved in several other crimes thereafter including three 302 cases.

It is a fact that he was on bail in the present crime and that only due to non appearance of the petitioner, that non-bailable warrant was issued as against the petitioner.

Having regard to the facts and circumstances of the case, and considering the nature of the allegations, I am inclined to grant bail to the petitioner and it is ordered that the petitioner shall be released on bail on the following stringent conditions:

(i) The petitioner shall execute 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 SHO, Kasargode Police Station in Crime No.699 of 2010, on every Saturday at 11 am until conclusion of the trial;

(iii) The petitioner shall not attempt to interfere with the investigation or to influence any witness in Crime No. 699 of 2010 of Kasargode Police Station;

(iv) 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. 699 of 2010, Kasargode Police Station may file an application before the jurisdictional court, for cancellation of bail.