Abdul Salam vs State Of Kerala

Shircy V, J

Application for regular bail.

The petitioner is the 13th accused in Crime No. 146 of 2021 of Kodakara Police Station registered for the offences punishable under Sections 120B,

395, 212 and 412 of Indian Penal Code.

The petitioner has been in custody since 25.04.2021.

The prosecution allegation is that, on 01.05.2021, at about 4.40 a.m., while the informant, one Shamjeer, along with the 16th accused were

proceeding in a car bearing Registration No. KL-56-G-6786 through the National Highway from Kozhikode to Ernakulam, this petitioner along with

the other accused chased them in three other cars and intercepted the vehicle and dragged the informant out of the car and the 16th accused

manhandled him. They have also caused damages to the car and then driven away the car to the residence of the 9th accused and looted an amount

of Rs.3.5 Crores concealed in a secret chamber in that car and thereafter shared the said amount. On the information given, crime was registered

alleging that a total sum of Rs.25 Lakhs was looted by the accused. Later on investigation, it was revealed that the amount was Rs.3.5 Crores and

thus the investigation was taken up by the Deputy Superintendent of Police, Chalakudy and thus this petitioner and the other accused were booked for

having committed the aforesaid offences.

Now the learned counsel for the petitioner has pointed out that out of the 22 accused, 12 accused have already been granted bail by this Court and

as the investigation of the case is over and charge sheet has been filed on 23.07.2021, his further detention may not be necessary in the case.

The learned Additional Director General of Prosecution has submitted that the investigation of the case is complete and charge sheet has been filed

before the court concerned and now it is pending as C.P. No. 47 of 2021 before the Judicial First Class Magistrate Court, Irinjalakuda. It is also

submitted by the learned ADGP that even though the investigation is over, as this petitioner is having criminal antecedents, the bail application is

opposed.

Though the offences alleged against this petitioner as well the other accused are grave and serious in nature, as the investigation of the case has

been completed and most of the accused have already been released on bail, further detention of this petitioner in custody is found not necessary for

the investigating agency.

Therefore, this application is allowed subject to the following conditions:

(i) The petitioner shall be released on bail on his executing a bond for a sum of Rs.2,00,000/- (Rupees Two lakhs only) with two solvent sureties for the like sum each

to the satisfaction of the court having jurisdiction.

(ii) The petitioner shall co-operate with the trial of the case.

(iii) The petitioner shall surrender his passport before the jurisdictional court. If he is not in possession of a passport, he shall file an affidavit to that effect before the

court concerned within a week of his release on bail.

(iv) The petitioner shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him

from disclosing such facts to the court or tamper with the evidence.

(v) The petitioner shall not commit any offence while on bail.

In case of violation of any of the above conditions, the learned Magistrate/Judge is empowered to cancel the bail in accordance with the law.