Ajmal vs State Of Kerala

Applications for regular bail under Section 439 of Cr.P.C.

The applicant in B.A. No.8879/2020 is the 8th accused while the applicant in B.A.No.8880/2020 is the 10th accused in Crime No.1080/2020 of Kuruppampady Police Station for having allegedly committed offences punishable under Sections 120(B),365, 368, 395 of IPC. Both the applicants had earlier filed applications for bail and the same was rejected by this Court. These are successive bail applications filed by them. They were arrested on 02.11.2020 and have been in custody since then.

The prosecution case, in brief, is that the applicants along with other accused hatched a conspiracy to rob the de facto complainant and on 30.10.2020 at about 03.10.p.m. at Cherukunnam Vaikkara road, the applicants allegedly waved the car, in which the de facto complainant was travelling and when he slowed his car, the other accused caused hurt to him and kidnapped to a godown and thereafter he was robbed of Rs.3,50,000/- which was kept in the dashboard of the car and he was also made to sign certain documents and cheques worth Rs.4,50,000/- and some blank stamp papers. The allegation is that the de facto complainant's brother had some transaction with the 1st accused and that the applicants belong to a quotation gang and it was a professional job which was done by the accused in the alleged act of kidnapping, robbery and assault.

The applicants state they are innocent and the allegations are not true. Their earlier applications were dismissed because the investigation was still at a nascent stage and therefore the applicants pray that they have been in custody since 02.11.2020 and the investigation has progressed well and further incarceration may not be necessary.

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

The learned Public Prosecutor submits that the applicants have criminal antecedents. 8th accused was involved in two other crimes of the year 2009 and 2016, while 10th accused was involved in a crime of the year 2009. The offence in which the accused were involved in the year 2009 are for offence punishable under Section 323 of IPC and in the year 2016, the 8th accused was involved an offence under Section 324 of IPC. Both these crimes have been allegedly compounded and settled by the accused. Therefore at present, no crime pending against them, submits the learned counsel appearing for the applicants.

Considering the fact that the applicants have been in custody since 02.11.2020, their custodial interrogation is also over, I find that further incarceration may not necessary.

Moreover, the other co-accused have already been granted bail.

Under the circumstances, applications are allowed and the applicants are directed to be released on bail on execution of bond for Rs.50,000/-(Rupees fifty thousand only) each with two solvent sureties, each for the like amount to the satisfaction of the jurisdictional court and on following conditions:-

(i) He shall appear before the investigating officer as and when called for.

(ii) He shall not get involved in similar cases during the currency of the bail.

(iii) He shall not tamper with evidence, intimidate or influence the witnesses.

In case of violation of the bail conditions, the prosecution is at liberty to move for cancellation of the bail before the jurisdictional court.