Dinesh vs State Of Kerala

Bechu Kurian Thomas, J

This is an application seeking regular bail filed under Section 439 of the Code of Criminal Procedure, 1973.

Petitioners are the accused in Crime No.500/2022 of Nedumbassery Police Station alleging offences punishable under Sections 365, 368 and 395 of the Indian Penal Code, 1860.

According to the prosecution, the accused conspired with each other to extort gold from a passenger who arrived at the Nedumbassery Airport on 06.08.2022 and after abducting him, forcefully extracted the gold concealed in his rectum and after committing theft of the said gold handed over the same to the 6th accused thereby committing the offences alleged.

Sri.Balu Tom, the learned counsel for the petitioners contended that the allegations against the petitioners are false and the incident as alleged had not occurred. It was further submitted that petitioners were arrested on 08.08.2022 and has been in custody since then.

Sri.Noushad K.A., the learned Public Prosecutor opposed the grant of bail and contended that petitioners are alleged to have committed a serious offence and therefore releasing them on bail would cause prejudice to the investigation. It was further submitted that except the 2nd accused, all other accused have several criminal antecedents and therefore releasing them on bail would be prejudicial to the investigation.

I have considered the rival contentions. Though the allegations against the petitioners are serious in nature, considering the period of detention already undergone, I am of the view that petitioners can be released on bail on strict conditions.

Accordingly, I allow this application on the following conditions :-

(a) Petitioners shall be released on bail on them executing a bond for Rs.50,000/- (Rupees fifty thousand only) each with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction.

(b) Petitioners shall appear before the Investigating Officer on the 3rd Saturday of every month between 9.00 a.m.to 12.00 p.m. until filing of final report.

(c) Petitioners shall not intimidate or attempt to influence the witnesses.

(d) Petitioners shall not commit any similar offences while they are on bail.

(e) Petitioners shall not leave India without the permission of the Court having jurisdiction.

In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law, notwithstanding the bail having been granted by this Court.