Abdul Shameer.C.A @ Shamseer vs State Of Kerala

Viju Abraham , J

This is an application for regular bail.

Petitioner is the 3rd  accused in Crime No.88 of 2020 of Melparamba Police Station, registered alleging commission of offence punishable under Section 395 of IPC.

The prosecution allegation is that, on 10.03.2020 at 10.15 hours while the defacto complainant was riding his motor cycle bearing Reg.No.KL 14 F 7719 through KSTP road and when he reached at Kattakkal in Kalanad village accused No.3, persons in 5 in number came in a car bearing Reg.No.AP 34 4162 and wrongfully restrained the defacto complainant and stopped him and robbed Rs.20 lakhs kept in a cloth bag hanged in the motor cycle's handle and thereby committed theabove said offence.

Petitioner  submits  that  he  is  custody  from 01.10.2022 onwards, and he has been falsely implicated in the above said crime and nothing was recovered from the possession of the petitioner and there is nothing to connect the petitioner with the alleged crime and he has no other criminal antecedents.

Heard the learned counsel for the petitioner and the learned Public Prosecutor.

Learned Public Prosecutor seriously opposed the application for bail, mainly contending that the petitioner along with the other accused wrongfully restrained the defacto complainant and robbed Rs.20 lakhs kept in the motorcycle. Learned Public Prosecutor further submits that the petitioner has no other criminal antecedents.

Considering the facts and circumstances of the case and the nature of the allegation, and that the petitioner is in custody from 01.10.2022 onwards, I am inclined to grant bail to the petitioner, but on stringent conditions. In the result, the bail application is allowed. It is directed that the petitioner shall be released on bail, subject to the following conditions:

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

(ii) Petitioner shall appear before the investigating officer in Crime No.88 of 2020 of Melparamba Police Station on every Saturday at 11 am, until filing of final report;

(iii) The petitioner shall not attempt to interfere with the investigation or to influence any witness in the above said crime;

(iv) The petitioner shall not involve in any other crime while on bail.

If any of the aforesaid conditions are violated, the investigating officer in Crime No.88 of 2020 of Melparamba Police Station may file an application before the jurisdictional court, for cancellation of bail.