Ajnas C.N vs State Of Kerala

The applicant is the 1st accused in Crime No.121 of 2021 of Mattannur Police Station, Kannur, for having allegedly committed an offence punishable under Section 395 of the IPC. The prosecution case, in brief, is this:

On 13.02.2021, at about 4.20 AM, the applicant allegedly intercepted an Innova car, coming from Mattannur town and the applicant and the other accused, in furtherance of common intention, robbed the defacto complainant of 1 Kg of gold in his possession. The applicant states that the allegations are not true and that he has been falsely implicated because of political vengeance and that there was another crime registered as Crime No. 38 of 2021, for having allegedly kidnapped the applicant by the accused therein. The defacto complainant is also an accused. It is during at the time of questioning of those accused in that crime, that it was revealed that the applicant and the other accused in this crime had robbed him of 1 Kg of gold. The applicant was arrested on 21.02.2021 and has been in custody since then. The applicant states that there is nothing to be recovered from him and he has been already subjected to custodial interrogation. And, therefore, he may be released on bail.

Heard the learned counsel appearing for the applicant and the learned Public Prosecutor. The learned Public Prosecutor admits that the applicant has no criminal antecedents. He has been in custody from 21.02.2021 and no recovery has been affected from him. The co-accused are yet to be arrested. The learned Public Prosecutor, therefore, submits that the release of the applicant on bail would adverse the present condition. In view of the fact that the applicant has no criminal antecedents and nothing has been recovered from him, I find no purpose in further incarceration of the applicant.

In the result, the application is allowed and the applicant is directed to be released on bail on the execution of a bond for Rs.50,000/-(Rupees Fifty thousand only), with two solvent sureties, each for the like amount to the satisfaction of the jurisdictional court and on following further conditions:

(i) He shall appear before the Investigating Officer on all Saturdays between 9.00 AM and 12.00 PM for a period of two months or till filing of the final report whichever is earlier.

(ii) He shall not intimidate or influence witnesses and tamper with evidence.

(iii) He shall not get involved in similar offences during the currency of the bail period.

In case of breach of any of the bail conditions, the prosecution shall be at liberty to apply for cancellation of the bail before the jurisdictional court.

The bail application is allowed.