Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE VIJU ABRAHAM FRIDAY, THE 10TH DAY OF JUNE 2022 / 20TH JYAISHTA, 1944 (CRIME NO.1880 OF 2021 OF PETTAH POLICE STATION, THIRUVANANTHAPURAM) PETITIONERS/ACCUSED: 1 HARSHAD H, AGED 28 YEARS HARSHAD H, SON OF .ABDUL HAKKIM , VATTUPARAYIL HOUSE, PARAMBIL THEKKATHIL , KUREEPUZHA, KAVANAD P.O, KOLLAM DISTRICT KOLLAM, PIN - 691003. 2 HASEEM H, AGED 36 YEARS SON OF.HANEEFA, VAROLIL PUTHEN VEEDU, PUNNAKKULAM KULASEKHARAPURAM KOLLAM DISTRICT KOLLAM, PIN - 690544. BY ADV JOMY K. JOSE RESPONDENT/S: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA ERNAKULAM, PIN - 682031. 2 THE STATION HOUSE OFFICER PETTAH POLICE STATION, THIRUVANANTHAPURAM DISTRICT, PIN - 675024. OTHER PRESENT: SR.PP - SMT. SEETHA S. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ORDER
This is an application for anticipatory bail.
2. Petitioners are the accused in Crime No.1880 of 2021 of Pettah Police Station, Thiruvananthapuram District, alleging commission of offence punishable under Section 420 of the Indian Penal Code.
3. The prosecution allegation is that, the first accused
in the above crime one Babu after convincing the defacto complainant that he needs a car for his sister’s marriage, with dishonest intention escaped with the defacto complainant’s car and thereby the petitioners committed the aforesaid offence.
4. Learned counsel for the petitioners that they have
actually no connection with the alleged incident and crime has been registered only to harass the petitioners and they are not aware of the illegal activities committed by the first accused.
5. Learned Public Prosecutor on instructions submitted that first accused has taken the vehicle from the defacto complainant and that the vehicle has been transferred to accused Nos.2 to 7 and ultimately the vehicle was recovered from the possession of the seventh accused. It is further submitted by the learned Public Prosecutor that first accused is not arrayed as an accused in the said crime. The said submission is recorded. It is submitted that the second petitioner is arrayed as the sixth accused in the said crime.
6. Having regard to the facts and circumstances of
the case and considering the nature of allegations, I am inclined to grant anticipatory bail to the petitioners. In the result, this application is allowed. It is directed that the petitioners shall be released on bail, in the event of arrest in
Thiruvananthapuram District, subject to the following conditions:-
(i) Petitioners shall execute bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the likesum to the satisfaction of the Jurisdictional Court,
(ii) Petitioners shall appear before the investigating officer in Thiruvananthapuram District on 14.06.2022 and 15.06.2022 and thereafter as and when called for.
(iii) The petitioners shall not attempt to influence the defacto complainant or interfere with the investigation or to influence or intimidate any witness in Crime No.1880 of 2021 of Pettah Police Station, Thiruvananthapuram District,
(iv) The petitioners shall not involve in any other crime while on bail. If any of the aforesaid conditions are violated, the investigating officer in Crime No.178 of 2022 of Kayamkulam Police Station may file an application before the jurisdictional Court, for cancellation of bail. sd/- VIJU ABRAHAM JUDGE R.AV