Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH FRIDAY, THE 30TH DAY OF APRIL 2021 / 10TH VAISAKHA, 1943 Bail Appl..No.3391 OF 2021 CRIME NO.11/2020 OF Karikottakari Police Station , Kannur PETITIONER/ACCUSED: 1 BENNY MATHAI AGED 46 YEARS SON OF MATHAI, VALLIYIL VEEDU, MANATHANA AMSOM, MADAPPURACHAL, KELAKAM, KANNUR 2 HANS THOMAS AGED 30 YEARS SON OF THOMAS, KIZHUKKARAKKATTU VEEDU, MANATHANA AMSOM, MADAPPURACHAL, KELAKAM, KANNUR BY ADV. SRI.CIBI THOMAS RESPONDENT: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM R1 BY PUBLIC PROSECUTOR SMT.V.SREEJA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30.04.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: BA No.3391/2021 2
ORDER
Dated this the 30th day of April 2021 This is an application filed u/s 439 of Code of Criminal Procedure seeking regular bail.
2. The petitioners are the accused Nos. 5 and 6 in Crime No.11/2020 of Karikottakkari Police Station. The offences alleged are under Sections 143, 147, 364(A), 395 r/w 149 of IPC.
3. The prosecution case in short is that on 4/2/2020 at about
10.00 a.m., the petitioners along with the remaining accused formed an unlawful assembly and in prosecution of the common object of the assembly reached the house of the defacto complainant, abducted him in a car and left him in an abandoned place at Kappachery after committing robbery of his laptop, mobile phone etc.
4. Heard both sides and perused the case diary.
5. The learned counsel for the petitioners submitted that the
petitioners are absolutely innocent and they have been falsely implicated in the present case. He further submitted that there are no materials to connect the petitioners with the alleged crime and hence they are entitled to get bail. The learned Public Prosecutor opposed the bail application. He contended that the alleged incident occurred as a part of the intentional criminal acts of the petitioners and if the petitioners are released on bail at this stage, it would affect the course
BA No.3391/2021 3 of investigation.
6. Perusal of the case diary would reveal that prima facie there are materials on record to connect the petitioners with the crime. However, the petitioners were remanded to judicial custody on investigation, I do not find any reason to hold that the continued
detention of the petitioners is required for any purpose. The investigation seems to have reached a fair stage. Accused No.3 has been granted anticipatory bail. Accused Nos.1, 2 and 4 also were granted regular bail. For all these reasons, the petitioners are entitled to be released on bail on conditions. In the result, the application is allowed on the following conditions:-
(i) The petitioners shall be released on bail on executing a bond for `1,00,000/- (Rupees One lakh only) each with two solvent sureties for the like sum each to the satisfaction of the jurisdictional Magistrate/Court.
(ii) The petitioners shall fully co-operate with the investigation.
(iii) The petitioners shall appear before the investigating officer
between 10.00 a.m and 11.00 a.m on every Saturday until further orders. The petitioners shall also appear before the investigating officer as and when required by him. BA No.3391/2021 4
(iv) The petitioners shall not commit any offence of like nature while on bail.
(v) The petitioners shall not make any attempt to contact any
of the prosecution witnesses, directly or through any other person, or any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation.
(vi) The petitioners shall not leave State of Kerala without the permission of the trial Court. Sd/- DR. KAUSER EDAPPAGATH Rp True Copy JUDGE PS to Judge