Allowed

Aspan J @ Asfan v. State of Kerala

Kerala HC2 Feb 2023Bail Appl./103/2023

Case brief

AI extract

What is this about?

The Kerala High Court granted regular bail to the 9th accused in a kidnapping and murder case. The judgment held the petitioner entitled to statutory bail because the final report was not filed within the statutory period of 90 days.

What did the court decide?

Bail granted on execution of personal bond for Rs.50,000 with two sureties for similar amount, subject to conditions regarding witness protection, investigation cooperation, and passport surrender.

Aspan J @ Asfan Vs State of Kerala — Bail and Remand | Kerala HC (2023)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE A. BADHARUDEEN

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THURSDAY, THE 2ND DAY OF FEBRUARY 2023 / 13TH MAGHA, 1944
BAIL APPL. NO. 103 OF 2023

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CRIME NO.493/2022 OF MANJESWAR POLICE STATION, KASARAGOD DISTRICT.

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PETITIONER/9TH ACCUSED:

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ASPAN J @ ASFAN
AGED 26 YEARS, S/O.ABDULLA J.
JARA MANZIL, BAYAR JARAM, BAYAR PADAVU, KASARAGOD.
NOW RESIDING AT N.K.MANZIL, CHIPPAR POST, BAYAR,
KASARAGOD DISTRICT, PIN - 671322

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BY ADV K.V.SABU

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RESPONDENT/COMPLAINANT:

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STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
ERNAKULAM, PIN - 682031

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BY SR.PUBLIC PROSECUTOR SMT.NEEMA T.V.

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
02.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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BAIL APPL. NO. 103 OF 2023 2

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ORDER

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Dated this the 2^nd day of February, 2023.

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This is an application for regular bail, filed by the petitioner, who is the 9^th

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accused in Crime No.493/2022 of Manjeswar Police Station, Kasaragod District.

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In this matter, the prosecution allegation is that, at about 11.00 a.m. on 26.6.2022, the accused herein kidnapped one Aboobacker Sidique,

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aged 31 years, in a car and thereafter, he was murdered at a residential house at Paivalike village and abandoned his dead body at D.M. Hospital, Bandiyod.

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On the said premise, the prosecution alleges commission of offences punishable under Sections 324, 341, 364 and 302 r/w Sections 34 and 120-B of the Indian Penal Code.

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The learned counsel for the petitioner submitted that the petitioner

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is the 9^th accused and his complicity is something less than that of the other accused. He also submitted that, accused Nos.3, 4 and 5 were granted regular bail by this Court, as per order in B.A.No.7436/2022, dated 28.9.2022.

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BAIL APPL. NO. 103 OF 2023 3

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The learned counsel also submitted that, since final report failed to be filed

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within a period of 90 days, the petitioner is otherwise entitled to get statutory bail.

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Since the learned Public Prosecutor did not receive any written instruction as to filing of charge sheet, she obtained the same through telephone and submitted, on instructions, that the investigating officer reported that the final report not filed so far.

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In view of the matter, the petitioner is entitled to get statutory bail.

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Therefore, I am inclined to grant bail to the petitioner on the following conditions:

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i. The petitioner shall be released on bail on his executing bond for Rs.50,000/- (Rupees Fifty Thousand Only) with two solvent sureties, each for the like amount to the satisfaction of the jurisdictional court concerned.

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ii. The petitioner shall not intimidate the witnesses or tamper with evidence. He shall co-operate with the investigation and shall be available for trial.

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iii. The petitioner shall appear before the Investigating Officer as and when directed.

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iv. The petitioner shall not, directly or indirectly, make any

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BAIL APPL. NO. 103 OF 2023 4

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inducement, threat or promise to any person acquainted with the facts of this case, so as to dissuade him from disclosing such facts to the court or to any police officer.

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v. The petitioner shall surrender his passport before the jurisdictional court on the date of execution of the bail bond, since he is on interim bail. If he has no passport, he shall file affidavit to that effect.

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vi. The petitioner shall not involve in any other offence during the currency of bail and any such event, if reported to came to the notice of this court, the same shall be a reason to cancel the bail hereby granted.

Sd/-

A. BADHARUDEEN JUDGE

//TRUE COPY//

PA TO JUDGE

Aspan J @ Asfan v. State of Kerala

Case brief

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Aspan J @ Asfan v. State of Kerala

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