Damodharan.V vs State Of Kerala

Gopinath P., J

The petitioner is the 3rd accused in Crime No.1151/2021 of Hosdurg Police Station, Kasaragod District alleging commission of offences under Sections 395 & 307 of the Indian Penal Code.

The allegation against the petitioner is that, he along with the other accused trespassed into the house of the de facto complainant and after threatening them, took away certain documents relating to the property allegedly transferred by the mother of the 1st accused to the de factocomplainant together with certain gold ornaments which were kept in an almirah and also certain gold ornaments which were being worn by the de facto complainant and his wife and also took away the car belonging to the de facto complainant and thereby, they committed the offence of dacoity as defined under Section 395 of the Indian Penal Code.

Learned counsel appearing for the petitioner submits that the de facto complainant had obtained transfer of certain property belonging to the mother of the 1st accused, without paying any consideration for the same and thereafter promised that an amount of Rs.50 lakhs will be paid to the 1st accused as consideration for the said property. It is submitted that the sister-in-law of the de facto complainant had executed an agreement and had also issued a cheque for an amount of Rs.50 lakhs regarding the same. It is submitted that the 1st accused in the case had filed a complaint against the de facto complainant and others on 01-10-2021, alleging commission of offence under Section 420 of the Indian Penal Code and that much thereafter, the complaint which led to registration of Crime No.1151/2021 of Hosdurg police station was given on 12-11-2021. It is submitted that the complaint dated 12-11-2021 was given only to escape from the liability of payment of Rs.50 lakhs to the 1st accused. It is also submitted that even the First Information Statement does not reveal any specific overtact by the petitioner except that he was part of the group of people including the 1st accused, who had trespassed into the house of the de facto complainant. Finally, it is submitted that the accused has been in custody from 23-03-2022 and his continued detention is not necessary for the purpose of investigation into the matter.

Learned Public Prosecutor opposes the grant of bail and submits that the petitioner has criminal antecedents. It is submitted that the petitioner was an accused in a case registered punishable under Section 302 of the IPC. It is submitted that the allegations against the petitioner are serious and this court already found that the petitioner is not entitled to anticipatory bail. It is submitted that grant of bail to the petitioner at this stage may not be conducive to the prosecution.

The learned counsel for the petitioner points out that in the case alleged as a criminal antecedent against the petitioner, the petitioner stands acquitted through judgment in S.C. No.30/2015 on the file of the Additional Sessions Court-I, Kasaragod.

Having regard to the facts and circumstances of the case and considering the fact that the petitioner has been in custody from 23-03-2022 and also considering the fact that no specific overtact is seen alleged against the petitioner in the First Information Statement of the de facto complainant, (except that he was part of a group who trespassed into the house of the de facto complainant), I am of the opinion that the petitioner can be released on bail subject to strict conditions.

Accordingly, this application for bail is allowed and 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. 1151/2021 of Hosdurg Police station on every Saturday at 10 a.m until filing of final report;

(iii) The petitioner shall not attempt to interfere with the investigation, influence or intimidate the de facto complainant or any witness in Crime No. 1151/2021 of Hosdurg police station;

(iv) The petitioner shall not enter the local limits of the Hosdurg police station except for the purpose of complying with condition No.(ii) above;

(v) 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 jurisdictional 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.1151/2021 of Hosdurg police station may file an application before the jurisdictional court, for cancellation of bail.