Abdul Azeez vs State Of Kerala

Viju Abraham, J

This is an application for regular bail.

The petitioners are accused Nos.1 & 2 in the Crime No.473/2022 of Thrikkakara Police Station alleging commission of offence punishable under Sections 323, 341, 363, 384, 506 & 34 of the Indian Penal Code.

The prosecution allegation is that, accused Nos. 1 & 2 along with six other identifiable persons, trespassed into the Defacto complainant' s "Used car Sales and Service Showroom” named "Platinum Trade" at Eaachamukku at about 12.45 p.m., on 23-05-2022, for failure to return the balance amount due to the first accused in respect of a sale transaction related to INNOVA car and caused hurt to the defacto complainant at the parking area of ORXY Homes, Chitayathukara, and threatened to kill him. The accused persons then allegedly committed Extortion by obtaining a Benz Car, I Phone, Smart Watch, and signed cheque leaf, causing damages to the defacto complainant worth Rs.13 Lakhs. Thus, the accused persons have allegedly committed the aforesaid offenses.

The learned counsel for the petitioners submitted that the petitioners were arrested on 24.05.2022 and that they are continuing in custody. The case of the petitioners is that the defacto complainant sold off an Innova car owned by the 1st accused and only made a part payment and a copy of the vehicle sale agreement dated 25.05.2022 is produced as Annexure A2 and that the present allegations made against the petitioners are absolutely false and a complaint has been filed to escape the liability in the sale transaction between them.

The learned Public Prosecutor opposed the bail application but submitted that the petitioners have no criminal antecedents.

Having regard to the facts and circumstances of the case, considering the nature of the allegations and considering the fact that the petitioners are first time offenders and they are in custody from 24.05.2022 onwards, I am inclined to grant bail to the petitioners subject to stringent conditions. In the result, the bail application is allowed. It is directed that the petitioners shall be released on bail, subject to the following conditions:

(i) The petitioners shall execute bond for a sum of Rs.50,000/- (Rupees fifty thousand only)each, with two solvent sureties each, for the like-sum to the satisfaction of the jurisdictional court;

(ii) Petitioners shall appear before the investigating officer in Crime No. 473/2022 of Thrikkakara Police Station on every Saturday at 11 am, until filing of final report;

(iii) The petitioners shall not attempt to interfere with the investigation or to influence or intimidate the defacto complainant or any witness in Crime No.473/2022 of Thrikkakara Police Station ;

(iv) The petitioners shall surrender their passport before the jurisdictional court. If the petitioners do not have a passport, they shall execute an affidavit to that effect and file the same before the said court within seven days of release on bail;

(v) 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. 473/2022 of Thrikkakara Police Station may file an application before the jurisdictional court, for cancellation of bail.