Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR FRIDAY, THE 12TH DAY OF MAY 2023 / 22ND VAISAKHA, 1945 BAIL APPL. NO. 3724 OF 2023 (CRIME NO.349/2023 OF KUMILY POLICE STATION, IDUKKI DISTRICT) PETITIONERS/ACCUSED NOS. 2 TO 4: 1 SAVIN S AGED 33 YEARS, S/O. SAJEEV, PULIPPARA PUTHAN VEETTIL (H), CHOTTUPARA BHAGOM, THOOKKUPALAM, 2 MANESHKUMAR @ MANU AGED 34 YEARS, S/O. GOPI, PAILIKKANAM BHAGOM, CHOTTUPARA KARA, 3 ASHIN AGED 23 YEARS, S/O. ANTONY, ARATTU CHANIL HOUSE, BLOCK NO. 578, VATTAPPARA BHAGOM, CHOTTUPARA KARA, BY ADVS. BIJU .C. ABRAHAM THOMAS C.ABRAHAM RESPONDENT/STATE: STATE OF KERALA REPRESENTED PUBLIC PROCECUTOR, HIGH COURT OF KERALA, KOCHI, PIN - 682031 BY SMT. T.V. NEEMA, SR.PP. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12.05.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
P.G. AJITHKUMAR, J.
------------------------------- B.A.No. 3724 of 2023 -------------------------------------------------------- Dated this the 12th day of May, 2023
ORDER
This is an application for bail filed under Section 439 of the Code of Criminal Procedure, 1973.
2. The petitioners are accused Nos. 2 to 4 in Crime No.
of 349/2023 of Kumily Police Station. They allegedly had committed the offences punishable under Section 450, 394, 392, 341, 294(b), 506 (ii) r/w 34 of the Indian Penal Code, 1860.
3. The prosecution allegation is that the petitioners
along with other accused in furtherance of their common intention, at 10.30 PM on 20/04/2023 criminally trespassed into the room No.4 in the City Lodge situated in Kumily- Madampadi Junction. After gaining an entry into the room, they pretending to be excise officials wrongfully restrained the defacto complainant and threatened him to kill. The petitioners and the co-accused inflicted injury to the defacto complainant using a stone and had stolen Rs.1,240/- from the bag in his possession.
4. Heard the learned counsel for the petitioners and the learned Public Prosecutor.
5. The petitioners would contend that they did not
involve in the alleged crime and without any material or evidence, they have been implicated in the crime. They are innocent. The investigation in the matter has been progressed considerably and there is no reason or justification for their further detention.
6. The learned Public Prosecutor would submit that
considering the seriousness of the offence and the possibility of interfering with the investigation by the petitioners in the event of their release on bail, this petition deserves only to be dismissed.
7. No doubt, the offences alleged against the petitioners are serious in nature. It is seen that investigation in the matter has been progressed considerably. The
petitioners have been in custody since 23.04.2023. Considering the aforesaid aspects and also the nature of the offence, I am of the view that further detention of the petitioners pending investigation and trial is unnecessary. Therefore the petitioners are entitled to be released on bail. In the result, the bail application is allowed and the petitioners are granted bail on their executing bonds for Rs.50,000/- (Rupees fifty thousand only), with two solvent sureties for the like amount each, to the satisfaction of the learned Magistrate, subject to the following conditions:
(i) The petitioners shall not influence or intimidate witnesses or tamper with evidence;
(ii) petitioners shall appear before the investigating officer as and when called for until filing the final report;
(iii) During the period of bail, petitioners shall not get involved in any other offence.
(iv) The petitioners shall surrender his passport before the learned Magistrate, and if he does not have a passport, he shall file an affidavit stating that fact.
(v) The petitioners shall not leave/enter the
territorial limits of jurisdictional court till filing of the final report. In case of breach of the bail conditions, the prosecution shall be at liberty to apply for cancellation of the bail before the jurisdictional court. Sd/- P.G. AJITHKUMAR, JUDGE APA APPENDIX OF BAIL APPL. 3724/2023 PETITIONER'S ANNEXURES Annexure 1 A TRUE COPY OF THE FIR IN CRIME NO. DISTRICT Annexure 2 CERTIFIED COPY OF THE ORDER DATED JUDICIAL MAGISTRATE OF THE I CLASS -II, PEERMADE IN CMP 910/2023