FIROZ KHAN Vs. STATE OF KERALA

JUDGEMENT

(1.) This is the second application filed under Sec. 439 of the Code of Criminal Procedure seeking regular bail. The petitioner is the first accused in Crime No. 886/2023 of Kayamkulam Police Station, Alappuzha district.

(2.) The prosecution case is that the accused persons, in furtherance of their common intention, on 24/8/2023 at 4.30 a.m., kidnapped the informant and his employee Mr Ameen. They assaulted the informant and Ameen in a moving car and extorted money from the informant. Thus, the accused persons committed offences under Ss. 506, 323, 324, 294(b), 384, 365, 368 and 394 of IPC.

(3.) The petitioner herein is the first accused. He was arrested on 5/9/2023. This Court had earlier considered the bail applications of accused Nos. 3 and 4 in B.A.Nos. 3522/2024 and 2613/2024 respectively and granted bail to them taking note of the fact that the charge sheet has already been filed and recoveries effected. Taking into account the length of detention of the petitioner, the fact that the chargesheet has already been filed and recoveries effected and that, bail has been granted to accused Nos.3 and 4, I am inclined to grant bail to the petitioner herein on grounds of parity as well.