Ajith vs State Of Kerala

Bechu Kurian Thomas, J.

This is an application seeking regular bail filed under Section 439 of the Code of Criminal Procedure, 1973.

Petitioners are accused 3,6, and 10 in Crime No.178/2023 of Meenakshipuram Police Station, Palakkad District. The offences alleged against the petitioners are under Sections 120B, 363, 394, 395, 212, 109, 118 and 201 of the Indian Penal Code, 1860.

According to the prosecution, the accused conspired to commit dacoity and for that purpose accused Nos.A1 to A10 travelled in different vehicles to Pollachi and intercepted a bus on 26.03.2023 and grabbed the defacto complainant out of the bus and kidnapped him and also committed theft of 600 grams of gold ornaments and a mobile phone. Petitioners are alleged to have played an active part in the criminal conspiracy and the crime. Petitioners were arrested on 29.03.2023 and have been custody since then.

Sri.Nireesh Mathew and Adv.Gajendra Kumar Rajpurohit, learned Counsel for the petitioners contended that the entire prosecution allegations are false and that the incident as alleged had not occurred. It was further submitted that since petitioners were arrested on 29.03.2023, almost 80 days have elapsed and therefore, petitioners ought to be released on bail.

Smt.Sreeja V. , learned Public Prosecutor opposed the grant of bail and submitted that petitioners have several antecedents and considering the nature of offences alleged, they ought not to be released on bail. It was further submitted that the vehicle used for the offence is yet to be recovered from the petitioners. According to the learned Public Prosecutor, the 1st petitioner is involved in 14 criminal cases, while the 2nd petitioner is involved in one criminal case and the 3rd petitioner involved in two other criminal cases.

I have considered the rival contentions.

Petitioners are involved in serious crime and had actively participated in the conspiracy and also the alleged dacoity. The criminal antecedents of the petitioners are substantial, especially that of the 1st petitioner. However, taking note of the period of detention already undergone and also considering the bail already granted to other accused, by order dated 06.06.2023, I am of the view that petitioners can also be released on bail subject to strict conditions:

In the result, this application is allowed on the following conditions:-

(a) Petitioners shall be released on bail on them executing a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction.

b) 1st petitioner shall appear before the Investigating Officer on every 4th Saturday between 9.00 am and 11.00 am till the filing of the final report, while the other petitioners shall appear before the Investigating Officer as and when required.

(d) Petitioners shall not intimidate or attempt to influence the witnesses; nor shall they tamper with the evidence.

(e) Petitioners shall not commit any similar offences while they are on bail.

(e) Petitioners shall not leave State of Kerala without the permission of the Court having jurisdiction.

In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law, notwithstanding the bail having been granted by this Court.