Haneesh vs State Of Kerala

Gopinath P., J

This is an application for regular bail.

Petitioner are accused Nos.2 and 3 in Crime No.819/2021 of Nedupuzha police station, Thrissur district, alleging commission of offences under

Sections 143, 147, 148, 365, 395, 397, 294(b) and 506(ii) r/w. 149 of the Indian Penal Code.

Allegation against the petitioners is that they, together with the 1st accused, kidnapped the de facto complainant and committed theft of gold chain,

mobile phone, purse, watch and ATM card of the de facto complainant. It is alleged that they committed dacoity and also voluntarily caused hurt to

the de facto complainant.

Learned counsel appearing for the petitioners would submit that the petitioners are absolutely innocent in the matter. It is submitted that the 1st

accused in the case had invited the petitioners for the birthday party of his son and when they reached there, the 1st accused had handed over an

ATM card and asked them to withdraw some money. It is submitted that later the petitioners came to know that the ATM card was that of the de

facto complainant. The petitioners had no role in the kidnapping or theft of any item from the de facto complainant. It is submitted that the petitioners

had no other role in the crime. It is submitted that the petitioners have been in custody from 27.11.2021 and their continued detention is not necessary

for the purpose of any investigation.

Learned Public Prosecutor vehemently opposes the grant of bail. It is submitted that the 1st accused in the case is involved in many cases. It is

submitted that the petitioners had clearly ganged up with the 1st accused and had committed the offences alleged against them. It is submitted that if

the petitioners are released on bail, there is every chance that they may influence or intimidate the witnesses in the case. It is submitted that the

petitioners are not entitled to be released on bail. It is also submitted that the 2nd petitioner (accused No.3) has criminal antecedents and proceedings

under Section 151 Cr.P.C had been initiated against him.

Having regard to the facts and circumstances of the case and considering the allegations against the petitioners and considering the fact that they

have been in custody from 27.11.2021 and also considering the fact that their continued detention is not necessary for the purpose of any investigation,

I am of the opinion that the petitioners can be released on bail subject to strict conditions. Accordingly, this application for bail is allowed and it is

directed that the petitioners shall be released on bail subject to the following conditions:-

(i) The petitioners shall execute separate bonds for sums of Rs.50,000/- (Rupees fifty thousand only) each with two solvent sureties each for the like-sum to the

satisfaction of the jurisdictional court;

(ii) Petitioners shall appear before the investigating officer in Crime No. 819/2021 of Nedupuzha Police station on every Saturday at 11 am until filing of final report;

(iii) The petitioners shall not attempt to interfere with

the investigation or to influence or intimidate the de facto complainant or any witness in Crime No.819/2021 of Nedupuzha police station;

(iv) The petitioners shall not involve in any other crime while on bail.

If any of the aforesaid conditions are violated, the investigating officer in Crime No.819/2021 of Nedupuzha police station may file an application

before the jurisdictional court, for cancellation of bail.

This order shall not be treated as an entitlement of the accused Nos.1 and 4 in the case (who are stated to have criminal antecedents) to seek bail.