Ashraf.T.S vs State Of Kerala

Viju Abraham, J.

This is an application for regular bail.

The petitioner is accused No.2 in Crime No.85/2022 of Venmony Police Station alleging commission of offence punishable under Section 394 & 34 of the Indian Penal Code.

The prosecution allegation is that, the defacto complainant was taken along with the accused persons on the pretext of taking measurements in connection with a welding work. The defacto complainant was, however, assaulted by accused nos.1 to 4 on 13.2.2022 at 7.30 p.m., near Kodukulanji Junction. They robbed Rs.25,000/- from the pocket of the defacto complainant and a gold chain weighing 1½ sovereigns, worth Rs.50,000/-; besides a mobile phone was also robbed. The accused persons have thus committed the aforesaid offence.

4 .The learned counsel for the petitioner submitted that the petitioner is totally innocent of the charges leveled against him and he is falsely implicated in the above crime and that no specific overt act is alleged against the petitioner. The petitioner earlier approached this Court by B.A. No.3711/2022, which was disposed of by Annexure A2, whereby the petitioner was directed to surrender before the investigating officer. There was also a direction to the learned Magistrate to consider the bail application submitted by the petitioner, in accordance with law. In obedience to the aforesaid order, the petitioner surrendered before the investigating officer on 26.05.2022 and thereafter he was produced before the jurisdictional magistrate, who rejected the bail application, as per Annexure A3 order.

The learned Public Prosecutor, upon instructions, submitted that the petitioner is involved in other crimes also and therefore, opposed the bail application.

Having regard to the facts and circumstances of the case, considering the nature of the allegations and considering the fact that the petitioner surrendered before the investigating officer in obedience to the directions in Annexure 2 order passed by this Court in B.A.3711/2022, and that he is in custody from 26.05.2022 onwards, I do not feel that further continuation of the petitioner in custody is required in this case. Therefore, I am inclined to grant bail to the petitioner subject to 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 bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like-sum to the satisfaction of the jurisdictional court;

(ii) Petitioner shall appear before the investigating officer in Crime No.85/2022 of Venmony Police Station on every Saturday at 11 am, until filing of final report;

(iii) The petitioner shall not attempt to interfere with the investigation or to influence or intimidate the defacto complainant or any witness in Crime No.85/2022 of Venmony Police Station;

(iv) The petitioner shall surrender his passport before the jurisdictional court. If the petitioner does not have a passport, he shall execute an affidavit to that effect and file the same before the said court within seven days of release on bail;

(vi) The petitioner shall not involve in any other crime while on bail.

If any of the aforesaid conditions are violated, the investigating officer in Crime No.85/2022 of Venmony Police Station may file an application before the jurisdictional court, for cancellation of bail.