Pramod Kumar vs State of Kerala

Type Court Judgment Court Kerala Decided Oct 05, 2020

~4 min read

https://sooperkanoon.com/case/1764113

For advocates & juniors · 7-day free trial

Brief this judgment before chambers

Stop skimming 50 pages - get an 18-section AI Brief on this case, ask scoped follow-ups, and find related precedents with Semantic Search. Full trial, no card required.

18-section brief - facts, issues, ratio, relief
Ask this case - answers cite the judgment
Semantic search - find precedents by meaning
Research drawer - sections, cites, related cases

Citation: sooperkanoon.com/1764113
Court: Kerala High Court
Judge: Honourable Mr. Justice Ashok Menon
Decided On: Oct 05, 2020
Case Number: Bail Appl./2324/2020

Parties & Advocates

Appellant / Petitioner

Pramod Kumar

Respondent

State of Kerala

Excerpt

.....in crime no.502 of 2019 of koratti police station, thrissur, for having allegedly committed offences punishable under sections 120(b), 342, 395, 412, 414 of the ipc. the prosecution case, in brief, is this:2. on 29.07.2019, at about 10.30 pm, the defactocomplainant, who was driving a lorry bearing reg.no.ts-12-ub-6222, with a consignment from mattancherry to hyderabad, carrying offal, and reached koratti, where he parked the lorry beside the road for having food. the applicants and the other accused allegedly came in an innova car, intimidated him and dragged him into the car. thereafter, the lorry was driven by one among the accused, taken to an isolated place, where from the offal inside the lorry worth rs.2 lakhs was transferred to another lorry and the defacto complainant,as well as the cleaner of the lorry, was abandoned. it is stated that the stolen offal was subsequently sold at hyderabad and the salesproceeds were appropriated. the applicants thus committed the offence. the 1st accused was arrested and he was remanded to judicial custody. thereafter, he approached this court for regular bailand vide order dated 25.02.2020 in b.a.no.604 of 2020, he was released on bail on certain conditions. similarly, some other accused also, who were arrested, were released on regular bail, while some others were granted anticipatory bail as well. accused 1 to 4 are assumed to be the main perpetrators of the crime of having kidnapped the lorry driver and cleaner and thereafter, robbed the offal inside the lorry with the help of the other co-accused.3. heard the learned counsel appearing for the applicants andthe learned public prosecutor. the applicants are seeking anticipatory bail, mainly on the ground that they do not have any criminal antecedents. the lorry, as well as the other articles, have already been seized and there is nothing more to be recovered from the applicants. the specific case of the prosecution is that the stolen material has been sold and.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE ASHOK MENON MONDAY, THE 05TH DAY OF OCTOBER 2020 / 13TH ASWINA, 1942 Bail Appl..No.2324 OF 2020 CRIME NO.502/2019 OF KORATTI POLICE STATION, THRISSUR PETITIONER/ACCUSED NO.2: PRAMOD KUMAR, AGED 40 YEARS, S/O.CHAKRAPANI, KADEPARAMBIL, CHIRAKAYAM, VARAPPUZHA, ERNAKULAM. BY ADV. SMT.ANITHA MATHAI MUTHIRENTHY

RESPONDENT: STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, KOCHI-682031. OTHER PRESENT: SRI.SANTHOSH PETER - SR.PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05.10.2020, ALONG WITH Bail Appl..2209/2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR. JUSTICE ASHOK MENON MONDAY, THE 05TH DAY OF OCTOBER 2020 / 13TH ASWINA, 1942 Bail Appl..No.2209 OF 2020 CRIME NO.502/2019 OF KORATTI POLICE STATION , THRISSUR PETITIONER/ACCUSED NO.4: ANUROOP, AGED 31 YEARS, S/O.AMBUJAKSHAN, CHIRAKAYAM, VARAPPUZHA, ERNAKULAM. BY ADV. SMT.ANITHA MATHAI MUTHIRENTHY RESPONDENT: STATE OF KERALA, SHO, KORATTI POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031. OTHER PRESENT: SRI.SANTHOSH PETER - SR.PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05.10.2020, ALONG WITH Bail Appl..2324/2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

COMMON ORDER

[B.A.Nos.2324 & 2209 OF 2020] Dated this the 05th day of October, 2020 APPLICATIONS FOR ANTICIPATORY BAIL The applicant in B.A.No.2324 of 2020 is the 2 nd accused, while the applicant in B.A.No.2209 of 2020 is the 4 th accused in Crime No.502 of 2019 of Koratti Police Station, Thrissur, for having allegedly committed offences punishable under Sections 120(B), 342, 395, 412, 414 of the IPC. The prosecution case, in brief, is this:

2. On 29.07.2019, at about 10.30 PM, the defacto

complainant, who was driving a lorry bearing Reg.No.TS-12-UB-6222, with a consignment from Mattancherry to Hyderabad, carrying offal, and reached Koratti, where he parked the lorry beside the road for having food. The applicants and the other accused allegedly came in an Innova car, intimidated him and dragged him into the car. Thereafter, the lorry was driven by one among the accused, taken to an isolated place, where from the offal inside the lorry worth Rs.2 Lakhs was transferred to another lorry and the defacto complainant,

as well as the cleaner of the lorry, was abandoned. It is stated that the stolen offal was subsequently sold at Hyderabad and the sales

proceeds were appropriated.        The applicants thus committed the
offence.   The 1st accused was arrested and he was remanded to
judicial custody.    Thereafter, he approached this Court for regular bail

and vide order dated 25.02.2020 in B.A.No.604 of 2020, he was released on bail on certain conditions. Similarly, some other accused also, who were arrested, were released on regular bail, while some others were granted anticipatory bail as well. Accused 1 to 4 are assumed to be the main perpetrators of the crime of having kidnapped the lorry driver and cleaner and thereafter, robbed the offal inside the lorry with the help of the other co-accused.

3. Heard the learned counsel appearing for the applicants and

the learned Public Prosecutor. The applicants are seeking anticipatory bail, mainly on the ground that they do not have any criminal antecedents. The lorry, as well as the other articles, have already been seized and there is nothing more to be recovered from the applicants. The specific case of the prosecution is that the stolen material has been sold and the money was appropriated by the accused in this crime. Hence, custodial interrogation of the applicants does not appear to be very essential for the purpose of investigation. The investigation is almost complete and the incident had occurred more than a year ago. I, therefore, find that incarceration of the applicants particularly, in these pandemic times may not be essential, considering their antecedents.

4. In the result, the application is allowed and the applicants

are directed to surrender before the Investigating Officer within two weeks and after interrogation, in the event of they being arrested, they shall be released on bail on the execution of bonds for Rs.50,000/-(Rupees Fifty thousand only), each with two solvent sureties, each for the like amount to the satisfaction of the Investigating Officer and on following further conditions:

(i) They shall appear before the Investigating Officer as and when called for.

(ii) They shall not intimidate or influence witnesses and tamper with evidence.

(iii) They shall not get involved in similar offences during the

currency of the bail period. In case of breach of any of the bail conditions, the prosecution shall be at liberty to apply for cancellation of the bail. The bail application is allowed. Sd/- ASHOK MENON JUDGE NR/05/10/20

Same Court & Year Kerala · 2020 Same Parties Pramod Kumar vs State of Kerala Same Judge Honourable Mr. Justice Ashok Menon