Arjun Ayanki vs State Of Kerala

Mohammed Nias C.P., J.

The 14th accused in Crime No. 178/2023 of Meenakshipuram police station registered alleging offences punishable under Sections 120B, 365, 394, 395, 212, 109, 118 and 201 of the Indian Penal Code, has filed this application u/s 439 of the Code of Criminal Procedure seeking regular bail

The prosecution case is that the petitioner, along with A15 in the crime, had conspired together to commit robbery, and on the basis of that conspiracy at 5.25 a.m., on 26/3/2023 the accused came in a red coloured car accompanied by other accused blocked a bus named Santhoor coming from Pollachi to Thrissur, at Moolakkada. The first informant was travelling in that bus, he was forcefully dragged out from the bus, assaulted and kidnapped in the car and taken to a vacant area where he was robbed of 600 grams of gold ornaments and Rs.23,000/- and a mobile phone.

The learned counsel for the petitioner submits that he is innocent and no overt act is alleged against him, he was arrested on 18/7/2023 and has been in judicial custody since then. It is also pointed out that this Court has already granted A15 bail.

The learned Public Prosecutor filed a detailed report opposing the bail application and submitting that the investigation of the case is not over, all the accused are not arrested, about 300 grams of gold ornaments are yet to be recovered, A14 had absconded for months together and was arrested from a remote place in Pune District of Maharashtra, he has several antecedents against him.

After a rival consideration of the contention, it is seen that a very serious allegation has been made against this petitioner, who is stated to be the main conspirator along with other accused for committing the offence of robbery, kidnapping and assault on the first informant. He is involved in several cases, the details of which are extracted below:-

“1.Baliapattam PS Crime No.1159/2014 u/s 143, 147, 149 IPC.

Baliapattam PS Crime No.844/2015 u/s 143, 147, 148, 149, 323, 324, 341, 506(ii) IPC

Kannur Town PS Crime No.1188/2015 u/s 147, 148, 149, 283, 143, 333, 308, 332, 353 & (1) PDDP Act 1984.

Kannur Traffic PS Crime No.279 IPC & 129, 132(I), r/w 179 MV Act.

Baliapattam PS Crime No.1189/2016 u/s 323, 324, 447 r/w 34 IPC.

Kannur Town PS Crime No.947/2017 u/s 143, 147, 148, 341, 323, 324, 307 r/w 149 IPC.

Baliapattam PS Crime No.1056/2017 u/s 143, 147, 447, 427 r/w 149 IPC.

Baliapattam PS Crime No. 1159/2017 u/s 143, 147, 148, 452 r/w 149 IPC.

Baliapattam PS Crime No. 1165/2017 u/s 143, 147, 148, 452, 427, 308 r/w 149 IPC.

Baliapattam PS Crime No.133/2018 u/s 107 Cr.PC.

Karipur PS Crime No.262/2022 u/s 399, 120(B) IPC.

Kottayam Railway PS Crime No.2/2023 u/s 353, 354, 294(b) IPC & 119(b) KP Act.

Thrissur Railway PS Crime No.9/2023 u/s 353, 354, 294(b) IPC. ”

It is also to be noticed that some of the accused are yet to be apprehended. The report of the Prosecutor also mentions the petitioner's involvement in several heinous crimes, including the Karippur gold robbery case, when the petitioner herein was released on bail and while on bail, he assaulted a TTR at the Thrissur railway station, thereafter committed this offence. The role of A14 clearly shows that he is the main conspirator and the person who executed the conspiracy in the instant case. Since all the accused are not yet arrested and since the petitioner herein has several criminal antecedents of very serious cases against him, I am of the view that the release of the petitioner would derail the investigation and ultimately affect a proper trial. The role of A14 being the chief conspirator, the grant of bail to A15 cannot be a reason to grant bail to this petitioner on the grounds of parity. Accordingly, I dismiss the bail application.