Rakesh vs State of Kerala

Type Court Judgment Court Kerala Decided Dec 26, 2023

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Citation: sooperkanoon.com/1409107
Court: Kerala High Court
Judge: Honourable Mr.Justice P.G. Ajithkumar
Decided On: Dec 26, 2023
Case Number: Bail Appl./10724/2023

Parties & Advocates

Appellant / Petitioner

Rakesh

Respondent

State of Kerala

Excerpt

.....indian penal code.3. heard the learned counsel for the petitioner and the learned public prosecutor.4. the prosecution allegation is on 07.10.2023 at about 3.00 pm,the petitioner along with the remaining accused forcibly attempted to abduct the defacto complainant by taking him in a car and threatened him with the intention of extorting money. it is further alleged that the applicants and other accused obtained rs.1 lakh from him and forcibly got executed a sale letter of innova car of the defacto complainant in favour of the accused no.1.5. the petitioner would contend that he did not involve in thealleged crime and without any material or evidence, he has been implicated in the crime. he is innocent. the investigation in the matter has been progressed considerably and there is no reason or justification for his further detention.6. the sub inspector of police, perumbavoor police station has submitted a report, through the learned public prosecutor, objecting the grant of bail to the petitioner.7. going by the allegations in the first information statement andalso the materials available on record, the role of the petitioner is to aid the first accused in getting the sale note executed. it is true that the petitioner has involved in another crime involviing an offence under section 307 of the ipc which is pending trial. accused nos.1, 2 5 and 6 have already been granted bail by this court. the petitioner has been in custody since 10.10.2023. the investigation is at its fag end.8. considering the aforesaid aspects, i am of the view that thefurther detention of the petitioner is unnecessary and the petitioner is entitled to be released on bail subject to conidtions. in the result, the bail application is allowed and the petitioner is granted bail on his executing a bond 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) he shall.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR TUESDAY, THE 26TH DAY OF DECEMBER 2023 / 5TH POUSHA, 1945 CRIME NO.1534/2023 OF Perumbavoor Police Station, Ernakulam AGAINST THE ORDER/JUDGMENT CRMC 3136/2023 OF DISTRICT COURT & SESSIONS COURT, ERNAKULAM
PETITIONER/ACCUSED :- RAKESH, AGED 36 YEARS S/ORAMESHAN, KOCHUMANAPPADAM HOUSE, MAVINCHUVADU BHAGHAM, MANJALI KARA, KARUMALLOR VILLAGE, ERNAKULAM DISTRICT, PIN - 683511 BY ADVS. SANTHOSH KUMAR V.P. SAJEEVAN KURUKKUTTIYULLATHIL VISHNU PRABHAKAR V.S. AKSHAY SHYLESH ADWAITHA UDAYAN SUMODH M. RESPONDENT/COMPLAINANT : STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA THROUGH STATION HOUSE OFFICER, PERUMBAVOOR POLICE STATION, ERNAKULAM, PIN - 682031 BY SMT.REKHA S, SR.PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26.12.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
P.G. AJITHKUMAR, J.
------------------------------- B.A.No. 10724 of 2023 -------------------------------------------------------- Dated this the 26th day of December, 2023

ORDER

This is an application for bail filed under Section 439 of the Code of Criminal Procedure, 1973.

2. The petitioner is the 4th accused in Crime No.1534 of 2023 of Perumbavoor Police Station. The offences alleged are punishable under Sections 511 of 364A and 395 of the Indian Penal Code.

3. Heard the learned counsel for the petitioner and the learned Public Prosecutor.

4. The prosecution allegation is on 07.10.2023 at about 3.00 pm,

the petitioner along with the remaining accused forcibly attempted to abduct the defacto complainant by taking him in a car and threatened him with the intention of extorting money. It is further alleged that the applicants and other accused obtained Rs.1 lakh from him and forcibly got executed a sale letter of Innova Car of the defacto complainant in favour of the accused No.1.

5. The petitioner would contend that he did not involve in the

alleged crime and without any material or evidence, he has been implicated in the crime. He is innocent. The investigation in the matter has been progressed considerably and there is no reason or justification for his further detention.

6. The Sub Inspector of Police, Perumbavoor Police Station has submitted a report, through the learned Public Prosecutor, objecting the grant of bail to the petitioner.

7. Going by the allegations in the First Information statement and

also the materials available on record, the role of the petitioner is to aid the first accused in getting the sale note executed. It is true that the petitioner has involved in another crime involviing an offence under Section 307 of the IPC which is pending trial. Accused Nos.1, 2 5 and 6 have already been granted bail by this Court. The petitioner has been in custody since 10.10.2023. The investigation is at its fag end.

8. Considering the aforesaid aspects, I am of the view that the

further detention of the petitioner is unnecessary and the petitioner is entitled to be released on bail subject to conidtions. In the result, the bail application is allowed and the petitioner is granted bail on his executing a bond 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) He shall not influence or intimidate witnesses or tamper with evidence;

(ii) He shall appear before the investigating officer as and when called for; and

(iii) During the bail period, he shall not get involved in any

offence. 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 SMA APPENDIX OF BAIL APPL. 10724/2023 PETITIONER ANNEXURES :- Annexure A1 THE COPY OF THE ORDER IN CRL.M C 3136/23 DISMISSED ON 04/11/2023 OF HON'BLE PRINCIPAL DISTRICT AND SESSIONS COURT, ERNAKULAM Annexure A3 A COPY OF FIR IN CRIME NO. 1534 OF 2023 OF

PERUMBAVUR POLICE STATION IN ERNAKULAM RURAL DOWNLOADED FROM THE WEBSITE OF KERALA POLICE DATED 10/10/2023

Same Court & Year Kerala · 2023 Same Parties Rakesh vs State of Kerala Same Judge Honourable Mr.Justice P.G. Ajithkumar