Anoop vs State Of Kerala

Viju Abraham, J

This is an application for regular bail.

The petitioner is arrayed as the 2nd accused in Crime No.195 of 2022 of Chalakudy Police Station, Thrissur District registered alleging commission of offence punishable under Section 395 of Indian Penal Code.

The case of prosecution is that the accused Nos.1 to 6, on 19.02.2022 at 1.20 a.m. while moving on Red Duster with MH registration overtook the vehicle of de-facto complainant bearing Registration No.KL17-W 3181 and obstructed and restrained the movement of de-facto complainant and 1st accused break the door glass and dragged him out from his vehicle and beaten on his leg with a hammer and the 2nd accused with a screw driver hit at the left hand of the person along with the de-facto complainant and took away the vehicle with Registration No.KL17-W 3181 and thus the accused 1 to 6 had committed the offence punishable under Section 395 of Indian Penal Code.

Learned counsel for the petitioner submitted that the petitioner is falsely implicated in abovesaid crime and he has no involvement as alleged. It is also submitted that the petitioner was arrested on 25.06.2022 and is in custody since then. Though the petitioner moved an application for bail before the Judicial First Class Magistrate Court, Chalakkudy, the same was dismissed as per Annexure-A1.

Learned Public Prosecutor opposed the application for bail mainly contending that the petitioner had active role in the alleged crime and the petitioner is involved in three other cases and that if the petitioner is released on bail, there is every chance for the petitioner to threaten the witnesses.

Considering the fact that the petitioner is in custody from 25.06.2022 onwards, I am inclined to grant bail to the petitioner. But considering the apprehension raised by the learned Public Prosecutor petitioner can be released on stringent conditions. In the result, the bail application is allowed. It is directed that the petitioner shall be released on bail, subject to the following conditions:

(i) The petitioner shall execute a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the likesum to the satisfaction of the jurisdictional court.

(ii) He shall appear before the investigating officer in Crime No.195 of 2022 of Chalakkudy Police Station, Thrissur District on every Saturday at 11.00 am till completion of trial.

(iii) He shall not enter the jurisdictional limit of Chalakkudy Police Station for a period of one month except for complying with condition No.(ii) or to attend any court proceedings.

(iii) He shall not attempt to interfere with the investigation or to influence any witness in the abovesaid crime.

(iv) He shall not involve in any other crime while on bail.

If any of the aforesaid conditions are violated, the investigating officer in the abovesaid crime may file an application before the jurisdictional court, for cancellation of bail.