Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS FRIDAY, THE 9TH DAY OF JUNE 2023 / 19TH JYAISHTA, 1945 BAIL APPL. NO. 4297 OF 2023 CRIME NO.175/2021 OF KARIPPUR POLICE STATION, MALAPPURAM PETITIONER: ABDUL MUNEER AGED 39 YEARS S/O SIYYALI, KOLLARUKANDY HOUSE, AVILORA P.O, KODUVALLY, KOZHIKODE DISTRICT, PIN - 673572
BY ADVS. T.K.AJITH KUMAR AISWARYA RAMESAN HARITHA HARIDAS RAJESH BABU CHELAT RESPONDENT/COMPLAINANT: STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 BY ADV.SMT.NEEMA T.V., PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: B.A.No.4297/2023 2
BECHU KURIAN THOMAS, J.
B.A.No.4297 of 2023 Dated this the 09th day of June, 2023
ORDER
This application is filed under Section 438 of the Code of Criminal Procedure, 1973, seeking pre-arrest bail.
2. Petitioner is accused No.50 in Crime No.175 of 2021 of Karippur Police Station, Malappuram, alleging offences punishable under Sections 399, 402, 120B, 216A and 212 of the Indian Penal Code, 1860.
3. According to the prosecution, on 21.06.2021, at 2.30
A.M., the accused, 60 in number, came to Karippur Airport for the purpose of committing decoity and to take away the gold transported by another person. Since the person transporting the gold from abroad was apprehended by the Customs Department, the accused while returning met with an accident resulting in death of few. According to the prosecution, the accused had, by preparing for committing decoity committed the offences alleged against them.
4. Sri.T.K.Ajith Kumar, learned counsel for the petitioner,
B.A.No.4297/2023 3 submitted that the entire prosecution allegations are false and the incident as alleged had not occurred. It was further submitted that the petitioner is willing to abide by any condition that may be imposed and that no materials are available with the prosecution to incriminate him.
5. Smt.T.V.Neema, learned Public Prosecutor, opposed the
application and submitted that there are materials to connect the accused with the crime. According to the learned public prosecutor, in the absence of custodial interrogation of the petitioner, the truth of the allegations cannot be unravelled.
6. On a consideration of the circumstances arising in the
case and on an appreciation of the arguments of either counsel, though I am of the view that the allegations are serious in nature, the petitioner is entitled to be released on bail in the event of his arrest on conditions, since custodial interrogation is not required and limited custody will suffice. Accordingly, this application is allowed on the following conditions:
(a) Petitioner shall appear before the Investigating Officer on 22.06.2023 and shall subject himself to interrogation. B.A.No.4297/2023 4
(b) If after interrogation, the Investigating Officer
proposes to arrest the petitioner, then, he shall be released on bail on him executing a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum before the Investigating Officer.
(c) Petitioner shall appear before the Investigating Officer as and when required and shall also co-operate with the investigation.
(d) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence.
(e) Petitioner shall not commit any similar offences while he is on bail.
(f) Petitioner shall not leave India without the permission
of the Court having jurisdiction. In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law, notwithstanding the bail having been granted by this Court. Sd/- BECHU KURIAN THOMAS JUDGE csl