Ajnas vs State Of Kerala

Viju Abraham, J.

This is an application for regular bail.

The petitioners are the accused Nos.7 & 8 in Crime No. 676/2022 of Parippally Police Station, Kollam, alleging commission of offences punishable under Sections 294(b), 323, 324, 363, 395, 506 (ii) r/w Section 34 of IPC.

The prosecution allegation is that, due to previous enmity of the accused persons towards the defacto complainant, with the intention and preparation to cause hurt to him had hired his auto rickshaw bearing Reg. No KL-24-T-3771 and manhandled him and threatened to kill him. His mobile phone worth Rs.1800/- and Rs.5600/- kept in the auto rickshaw was stolen and thereby the accused had committed the aforesaid offences.

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

The learned counsel for the petitioners submitted that they have been falsely implicated in the aforesaid crime and they were arrested on 14.10.2022 onwards and is in custody since then. The learned counsel further submitted that accused Nos.3, 4 and 5 were granted regular bail by this court in BA No.7715 of 2022 and BA No.8258 of 2022.

The learned Public Prosecutor upon instructions submitted that specific role of the petitioners have been stated in the FIS and further submitted that they have no criminal antecedents.

Considering the facts and circumstances of the case and the nature of the allegations and that the petitioners are in custody from 14.10.2022 onwards and that they have no other criminal antecedents, 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 a 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. 676/2022 of Parippally Police Station, Kollam, 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. 676/2022 of Parippally Police Station, Kollam,

(iv) 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. 676/2022 of Parippally Police Station, Kollam, may file an application before the jurisdictional court, for cancellation of bail.