Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. FRIDAY, THE 28TH DAY OF APRIL 2023 / 8TH VAISAKHA, 1945 BAIL APPL. NO. 2958 OF 2023 [CRIME NO.191/2023 OF VALIYATHURA POLICE STATION, THIRUVANANTHAPURAM] PETITIONER/ACCUSED NO.5: ASHIQ B.R. AGED 27 YEARS S/O. MUHAMMED BASHEER RESIDING AT RAFINA MANZIL, THATTATHUMALA P.O.,THIRUVANANTHAPURAM, PIN - BY ADVS. SASTHAMANGALAM S. AJITHKUMAR V.S.THOSHIN SATHEESH MOHANAN SREEJITH S. NAIR SEKHAR G. THAMPI COLIN ANTONY DCRUZ NANDU PRAKASH SAFAN NAJEEB RESPONDENT/COMPLAINANT: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 BY ADV PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28.04.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: B.A. No. 3198 of 2023 -:2:-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. FRIDAY, THE 28TH DAY OF APRIL 2023 / 8TH VAISAKHA, 1945 BAIL APPL. NO. 3198 OF 2023 [CRIME NO.191/2023 OF VALIYATHURA POLICE STATION, THIRUVANANTHAPURAM] PETITIONER/ACCUSED NO.4 AND 6: 1 SHIJAS AGED 24 YEARS S/O NAUSHAD, THOTTATHIL VEEDU, NEAR PONGANAD H.S, VARINJOTTUKONAM, PONGANAD, KILIMANOOR, THRIRUVANATHAPURAM, (ACCUSED NO 4), PIN - 695601 2 ANSIL AGED 24 YEARS S/O JAMI, SAJID MANZIL, NEAR THYKAPALLI CHANNARKONA, NJARAKONAM P.O, MADAVOOR, VARKALA, THRIRUVANATHAPURAM, (ACCUSED NO 6), PIN - 695602 BY ADVS. VINAY RAMDAS K.B.ANAMIKA RESPONDENT/STATE: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM, PIN - 682031 BY ADV VIPIN NARAYAN, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28.04.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: B.A. No. 3198 of 2023 -:3:-
ZIYAD RAHMAN A.A., J.
-------------------------------- B.A. No. 3198 of 2023 --------------------------------- Dated this the 28th day of April, 2023
ORDER
These bail applications are filed by the accused numbers 4 to 6 in Crime No.191 of 2023 of Valiathura Police Station. B.A.No.3198 of 2023 is filed by accused numbers 4 and 6 whereas B.A.No.2958 of 2023 is filed by the 5 th accused. The crime was initially registered for the offences punishable under Sections 365, 368, 342, 386 read with section 34 of the Indian Penal Code (IPC). Later the Sections were altered into Sections 364 A, 368, 342, 120 B, 205 and 395 of the IPC.
2. The prosecution case is that, the accused persons entered into a criminal conspiracy to commit robbery and in pursuance of the same, the 1st accused by making a promise B.A. No. 3198 of 2023 -:4:- to marry the defacto complainant made him come to
Trivandrum from Dubai on 22.02.2023. When the defacto complainant arrived at Trivandrum International Airport, the 1st and 3rd accused took the defacto complainant in the car, belonging to the 6th accused to a resort and he was confined in a room. It is alleged that, the accused numbers 2 to 7 tied his hands and physically assaulted him. Thereafter, the 2nd accused stole the gold chain and mobile phone of the defacto complainant. It is also alleged that the accused was compelled to transfer huge amounts from his account to the
bank account of some of the accused persons. The crime was registered in such circumstances. The petitioners herein were arrested as part of the investigation of the said case on 25.02.2023. Since then they are in custody. These bail applications are submitted in such circumstances.
3. Heard Sri.Sasthamangalam S.Ajithkumar, learned counsel appearing for the petitioner in B.A.No.2958 of 2023, Sri.Vinay Ramdas, learned counsel appearing for the petitioner in B.A.No.3198 of 2023 and Sri.Vipin Narayanan, B.A. No. 3198 of 2023 -:5:- learned Public Prosecutor for the State.
4. The learned counsel for the petitioners submits
that they are innocent of all the allegations. It is further pointed that the accused numbers 1 to 3 are already granted bail by this Court. The petitioners further submits that they are prepared to abide by any conditions that may be imposed by this Court.
5. On the other hand, the learned Public Prosecutor opposes the afore submissions. According to him, there are serious allegations against the petitioners and the matter is now under investigation.
6. I have gone through the records. There are
serious allegations against the petitioners. But the fact remains that they are in custody since 25.02.2023 onwards. The accused numbers 2 and 3, against whom similar nature of allegations raised were already released on bail by this Court as per order dated 11.04.223 in B.A.No.2768 of 2023. In such circumstances, I am of the view that, the petitioners can also be released on bail taking note of the B.A. No. 3198 of 2023 -:6:- period of the incarceration which they have already undergone. In such circumstances these bail applications are allowed and the petitioners are directed to be released on bail subject to following conditions:
1) The petitioners shall be released on bail on executing a bond for Rs.1,00,000/- (Rupees One Lakh only) each with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Court.
2) The petitioners shall fully co-operate with the investigation.
3) The petitioners shall appear before the Investigating Officer between 10.00 a.m and 11.00 a.m on every Wednesday until the filing of final report.
4) The petitioners shall appear before the Investigating Officer as and when required.
5) The petitioners shall not commit any offence of similar nature while on bail.
6) The petitioners shall not make any attempt to contact any of the prosecution witnesses, directly or through B.A. No. 3198 of 2023 -:7:- any other person, or in any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation.
7) The petitioners shall not leave the State of Kerala without the permission of the jurisdictional court. 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. Sd/- ZIYAD RAHMAN A.A. JUDGE Raj. 28.04.2023.