Akhil. K. M vs State Of Kerala

Mohammed Nias C.P., J

This is the second application for regular bail filed under Section 439 of the Code of Criminal Procedure.

Petitioner is the second accused in crime No.422/2022 of Mannuthy police station, Thrissur, registered alleging offences punishable under Sections 364A, 395, 398 and 397 of IPC.

The prosecution case is that on 27.5.2022 at 9.30 p.m., the accused 1 to 4, with an intention to commit dacoity, abducted the de facto complainant from Nellikunnu kara after causing hurt to him, the accused forcibly transferred Rs.50,000/- to the account of the accused from the account of the de facto complainant and also forcefully took the RC Book of the car bearing Registration No.KL-38-BU-1443 and the tempo traveller bearing Registration No.KL-57-N-401 and thus committed the aforesaid offences.

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

The learned Public Prosecutor opposed the application.

Taking into account the fact that the petitioner was arrested on 10.08.2023 and considering the length of detention, and the prosecution raises no apprehension that if released bail, the petitioner will abscond, I am inclined to grant bail to the petitioner subject to the following conditions:

(i)The petitioner shall be released on bail on executing separate bonds for Rs.1,00,000/- (Rupees One lakh only) with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction; one of the sureties shall be a parent or close relative of the petitioner.

(ii) He shall appear before the Investigating Officer on all Saturdays between 9 a.m. and 11 a.m. for three months and thereafter as and when directed to appear.

(iii)He shall not intimidate or attempt to influence the witnesses, nor shall they tamper with the evidence or do anything that might adversely affect the trial;

(iv) He shall not commit any offence while on bail;

(v)He shall not leave the State of Kerala without the permission of the Court having jurisdiction;

(vi)He shall not leave India without the permission of the jurisdictional Court and, if he has a passport, shall deposit the same before the Trial Court within a week.

(vii)He shall furnish his present address along with his mobile number to the Court concerned as well as to the investigating officer.

(viii) In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation of bail and pass appropriate orders in accordance with law.