Bijesh Scaria vs State Of Kerala

C.S.Dias, J

The application is filed under Section 439 of the Code of Criminal Procedure, 1973, by the first accused in Crime No.3885/2023 of the Ernakulam Central Police Station, Ernakulam, registered against the accused (eight in number) for allegedly committing the offences under Sections 365, 506 and 323 r/w Section 34 of the Indian Penal Code. The petitioner was arrested on 15.12.2023.

The essence of the prosecution case is that: on 14.12.2023, at about 3.00 p.m., the accused formed themselves into an unlawful assembly, took the de facto complainant and his friend in their car, drove them around Cochin City, harassed them, and obtained a cheque of Rs.2,50,000/-. Thus, the accused have committed the above offences.

Heard; Smt.Reeha Khader, the learned counsel appearing for the petitioner and Smt. Seetha. S. the learned Public Prosecutor appearing for the respondent.

The learned counsel appearing for the petitioner submitted that the petitioner is totally innocent of the accusation levelled against him. He was arrested on 15.12.2023, which is nearly 34 days. The investigation in this case is practically complete, and the recovery has been effected. The petitioner is willing to cooperate with the Investigating Officer and is ready to abide by any stringent condition that may be imposed by this Court. Hence, the bail application may be allowed.

The learned Public Prosecutor opposed the application. She submitted that the accused 2 to 5 are still at large. The investigation in the case is progressing. If the petitioner is let off on bail, there is every likelihood of him tampering with the evidence and intimidating the witnesses. Hence, the application may be dismissed.

On an anxious consideration to the materials placed on record, especially taking into account the fact that the petitioner was arrested on 15.12.2023, that the investigation in the case, so far as it relates to the petitioner, is practically complete, and that the recovery has been effected, I am of the definite view that the petitioner’s continued detention is unnecessary. Hence, the petitioner is entitled to be released on bail.

In the result, the application is allowed, by directing the petitioner to be released on bail on him executing a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum, one of them shall be a native of the State of Kerala, to the satisfaction of the court having jurisdiction, which shall be subject to the following conditions:

(i) The petitioner shall appear before the Investigating Officer on every Saturdays between 9 a.m. and 11 a.m for a period of one month or till the final report is laid, whichever is earlier. He shall also appear before the Investigating Officer as and when required;

(ii) The petitioner shall not directly or indirectly make any inducement, threat or procure to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any Police Officer or tamper with the evidence in any manner, whatsoever;

(iii) The petitioner shall not commit any offence while he is on bail;

(iv) The petitioner shall surrender his passport, if any, before the court below at the time of execution of the bond. If he has no passport, he shall file an affidavit to the effect before the court below on the date of execution of the bond;

(v) In case of violation of any of the conditions mentioned above, the jurisdictional court shall be empowered to consider the application for cancellation of bail, if any filed, and pass orders on the same, in accordance with law.

(vi) Applications for deletion/modification of the bail conditions shall be moved and entertained by the court below.

(vii) Needless to mention, it would be well within the powers of the Investigating Officer to investigate the matter and, if necessary, to effect recoveries on the information, if any, given by the petitioner even while the petitioner is on bail as laid down by the Hon'ble Supreme Court in Sushila Aggarwal v. State of Delhi and another [2020 (1) KHC 663].