Arjun Ayanki, vs State of Kerala,

Type Court Judgment Court Kerala Orders Decided Oct 27, 2023

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Citation: sooperkanoon.com/1390522
Court: Kerala Orders High Court
Judge: Honourable Mr.Justice Mohammed Nias C.P.
Decided On: Oct 27, 2023
Case Number: Bail Appl./8183/2023

Parties & Advocates

Appellant / Petitioner

Arjun Ayanki,

Respondent

State of Kerala,

Excerpt

.....dated this the 27th day of october, 2023orderthe 14th accused in crime no. 178/2023 of meenakshipuram police station registered alleging offences punishable under sections 120b, 365, 394, 395, 212, 109, 118 and 201 of the indian penal code, has filed this application u/s 439 of the code of criminal procedure seeking regular bail2. the prosecution case is that the petitioner, along with a15in the crime, had conspired together to commit robbery, and on the basis of that conspiracy at 5.25 a.m., on 26/3/2023 the accused came in a red coloured car accompanied by other accused blocked a bus named santhoor coming from pollachi to thrissur, at moolakkada. the first informant was travelling in that bus, he was forcefully dragged out from the bus, assaulted and kidnapped in the car and taken to a vacant area where he was robbed of 600 grams of gold ornaments and rs.23,000/- and a mobile phone.3. the learned counsel for the petitioner submits that he is innocent and no overt act is alleged against him, he was arrested on pointed out that this court has already granted a15 bail.4. the learned public prosecutor filed a detailed reportopposing the bail application and submitting that the investigation of the case is not over, all the accused are not arrested, about 300 grams of gold ornaments are yet to be recovered, a14 had absconded for months together and was arrested from a remote place in pune district of maharashtra, he has several antecedents against him.4. after a rival consideration of the contention, it is seen that avery serious allegation has been made against this petitioner, who is stated to be the main conspirator along with other accused for committing the offence of robbery, kidnapping and assault on the first informant. he is involved in several cases, the details of which are extracted below:- “1.baliapattam ps crime no.1159/2014 u/s 143, 147, 149 ipc.2. baliapattam ps crime no.844/2015 u/s 143, 147, 148, 149, 323, 324, 341, 506(ii) ipc3......

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. FRIDAY, THE 27TH DAY OF OCTOBER 2023 / 5TH KARTHIKA, 1945 BAIL APPL. NO. 8183 OF 2023 CRIME NO.178/2023 OF MEENAKSHIPURAM POLICE STATION, PALAKKAD PETITIONER/ACCUSED NO.14: ARJUN AYANKI, AGED 26 YEARS S/O.RAJEEVAN, AYANGI HOUSE, KAPPAKKADU, AZHEEKKAL, AZHIKKODE, KANNUR., PIN 670 009 BY ADVS. P.M.MANOJ P.ANTO THOMAS HAMZATH ALI V.K. RESPONDENT/COMPLAINANT & STATE: STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 SRI.P.G.MANU (MAMMALASSERY) SR.PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 20.10.2023, THE COURT ON 27.10.2023 DELIVERED THE FOLLOWING:
MOHAMMED NIAS C.P., J.
--------------------- --------------------------- Dated this the 27th day of October, 2023

ORDER

The 14th accused in Crime No. 178/2023 of Meenakshipuram police station registered alleging offences punishable under Sections 120B, 365, 394, 395, 212, 109, 118 and 201 of the Indian Penal Code, has filed this application u/s 439 of the Code of Criminal Procedure seeking regular bail

2. The prosecution case is that the petitioner, along with A15

in the crime, had conspired together to commit robbery, and on the basis of that conspiracy at 5.25 a.m., on 26/3/2023 the accused came in a red coloured car accompanied by other accused blocked a bus named Santhoor coming from Pollachi to Thrissur, at Moolakkada. The first informant was travelling in that bus, he was forcefully dragged out from the bus, assaulted and kidnapped in the car and taken to a vacant area where he was robbed of 600 grams of gold ornaments and Rs.23,000/- and a mobile phone.

3. The learned counsel for the petitioner submits that he is innocent and no overt act is alleged against him, he was arrested on pointed out that this Court has already granted A15 bail.

4. The learned Public Prosecutor filed a detailed report

opposing the bail application and submitting that the investigation of the case is not over, all the accused are not arrested, about 300 grams of gold ornaments are yet to be recovered, A14 had absconded for months together and was arrested from a remote place in Pune District of Maharashtra, he has several antecedents against him.

4. After a rival consideration of the contention, it is seen that a

very serious allegation has been made against this petitioner, who is stated to be the main conspirator along with other accused for committing the offence of robbery, kidnapping and assault on the first informant. He is involved in several cases, the details of which are extracted below:- “1.Baliapattam PS Crime No.1159/2014 u/s 143, 147, 149 IPC.

2. Baliapattam PS Crime No.844/2015 u/s 143, 147, 148, 149, 323, 324, 341, 506(ii) IPC

3. Kannur Town PS Crime No.1188/2015 u/s 147, 148, 149, 283, 143, 333, 308, 332, 353 & (1) PDDP Act 1984.

4. Kannur Traffic PS Crime No.279 IPC & 129, 132(I), r/w 179 MV Act.

5. Baliapattam PS Crime No.1189/2016 u/s 323, 324, 447 r/w 34 IPC.

6. Kannur Town PS Crime No.947/2017 u/s 143, 147, 148, 341, 323, 324, 307 r/w 149 IPC.

7. Baliapattam PS Crime No.1056/2017 u/s 143, 147, 447, 427 r/w 149 IPC.

8. Baliapattam PS Crime No. 1159/2017 u/s 143, 147, 148, 452 r/w 149 IPC.

9. Baliapattam PS Crime No. 1165/2017 u/s 143, 147, 148, 452, 427, 308 r/w 149 IPC.

10. Baliapattam PS Crime No.133/2018 u/s 107 Cr.PC.

11. Karipur PS Crime No.262/2022 u/s 399, 120(B) IPC.

12. Kottayam Railway PS Crime No.2/2023 u/s 353, 354, 294(b) IPC & 119(b) KP Act.

13. Thrissur Railway PS Crime No.9/2023 u/s 353, 354, 294(b) IPC. “ It is also to be noticed that some of the accused are yet to be

apprehended. The report of the Prosecutor also mentions the petitioner's involvement in several heinous crimes, including the Karippur gold robbery case, when the petitioner herein was released on bail and while on bail, he assaulted a TTR at the Thrissur railway station, thereafter committed this offence. The role of A14 clearly

shows that he is the main conspirator and the person who executed the conspiracy in the instant case. Since all the accused are not yet arrested and since the petitioner herein has several criminal antecedents of very serious cases against him, I am of the view that the release of the petitioner would derail the investigation and ultimately affect a proper trial. The role of A14 being the chief conspirator, the grant of bail to A15 cannot be a reason to grant bail to this petitioner on the grounds of parity. Accordingly, I dismiss the bail application.

Sd/- MOHAMMED NIAS C.P. JUDGE dlk/24.10.23 APPENDIX OF BAIL APPL. 8183/2023 PETITIONER'S ANNEXURES Annexure 1 TRUE COPY OF THE F.I.R IN MEENAKSHIPURAM CRIME NO. 178/2023 DATED Annexure 2 A TRUE COPY OF THE ORDER DATED THE SESSIONS COURT, PALAKKAD

Same Court & Year Kerala Orders · 2023 Same Parties Arjun Ayanki, vs State of Kerala, Same Judge Honourable Mr.Justice Mohammed Nias C.P.