Damodharan.V @ Damu vs State Of Kerala

Viju Abraham, J.

This is an application for regular bail.

The petitioner is accused No. 2 in Crime No. 738/2022 of Chandera Police Station, Kasargod District, alleging commission of offences punishable under Sections 341, 364 A and 392 r/w Section 34 of the Indian Penal Code.

The prosecution allegation is that, on 26.07.2022 at about 10.45 a.m., at Nadakkavu, while the de-facto complainant was travelling in his car, the accused followed him in another car and wrongfully restrained him and they forcefully put him in their car and abducted him and they have pointed a knife at the de-facto complainant and intimidated to kill him and robbed his money, watch, mobile phone, ATM Card, driving license and extorted money via google pay. Then, they took him to a vacant and lonely place at Ankakalari, in Neeleswaram, physically assaulted him and caused him bodily injury. Thereafter, the accused have intimidated and demanded ransom of Rs. 10,00,000/- and to transfer 32 cents of his landed property. Then, they have hijacked his car and thereby committed the above said offences.

4 .The learned counsel for the petitioner submitted that the petitioner has been falsely implicated in the above said crime and that he is in custody from 11.10.2022 onwards. It is also submitted that 1st accused was already granted bail by this Court in B.A. No.7851/2022 and further that there is an inordinate delay of 24 days in lodging the F.I.R. and this itself shows the falsity of the allegation against the petitioner.

The learned Public Prosecutor seriously opposed the bail application mainly contending that serious overtact is alleged against the petitioner herein and that he is involved in several other criminal cases including offences punishable under Sections 302 IPC.

Having regard to the facts and circumstances of the case, considering the nature of the allegations and considering the fact that the 1st accused is already granted bail and that the petitioner is in custody from 11.10.2022 onwards, I am inclined to grant bail to the petitioner, but only 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 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) The petitioner shall appear before the investigating officer in Crime No. 738/2022 of the Chandera Police Station, Kasargod District on every Saturday at 11 am, until further orders;

(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. 738/2022 of the Chandera Police Station, Kasargod District;

(iv) The petitioner shall not enter the local limits of the Chandera police station, Kasaragod except for the purpose of complying with condition No.

(ii) above or to attend any court proceedings, for a period of four months;

(v) The petitioner shall not leave the jurisdiction of Kasargod district without obtaining prior permission from the jurisdictional Court;

(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. 738/2022 of the Chandera Police Station, Kasargod District may file an application before the jurisdictional court, for cancellation of bail.