Harris vs State Of Kerala

Raja Vijayaraghavan V, J

The above captioned application seeking regular bail has been filed under Section 439 of the Code of Criminal Procedure( “Code†for short )

by the 8th accused in Crime No.248 of 2021 of Nedumbassery Police Station registered on 18.04.2021 under Sections 323, 347, 356, 357, 365, 395,

212 and 34 of the Indian Penal Code. In the FIR only 3 persons are arrayed as accused.

A person by name Thaju landed at the Cochin International Airport on 18.04.2021. He was abducted by accused Nos.1 to 11 under the impression

that he was carrying gold. The accused Nos.2 and 3 forced themselves into the taxi availed by the aforesaid Thaju and the vehicle was taken to the

nearby fuel pump. The rest of the accused joined and the victim was taken to a lodge at Perumbavoor. It was only then that the accused realised that

Thaju was not carrying any gold. The sunglasses as well as the wrist watch of Thaju were robbed.

The learned counsel appearing for the applicant submitted that the applicant is innocent. He was arrested in connection with the aforesaid crime on

08.05.2021 and he remains in custody.The learned counsel submitted that the accused nos.5 and 10, who are similarly placed as the petitioner herein,

have been granted bail by this Court by order dated 17.05.2021 in B.A.No.3839/2021.

The learned Public Prosecutor has opposed the prayer and highlighted the grave nature of the allegations. He would however point out that the

substantial part of the investigation is over.

I have considered the submissions advanced and have perused the materials which are made available. It appears from the records that the

recovery of the sunglasses as well as the wristwatch have been effected. The investigation as far as the applicant is concerned has progressed to the

final stages.

Having considered all the relevant aspects, including the nature of accusations, the role assigned to the applicant and attendant facts, I am of the

view that the applicant can now be enlarged on bail on stringent conditions.

In the result, this application will stand allowed, however, it shall be subject to the following conditions:

The applicant shall be released on bail on his executing a bond for Rs.50,000/-(Rupees Fifty thousand only)/ with two solvent sureties each for the like sum to the

satisfaction of the court having jurisdiction.

The applicant shall appear before the Investigating Officer between 9 a.m. and 11 a.m. on every Saturday for a period of two months or until the filing of the final

report whichever is earlier.

The applicant shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence.

He shall not commit any offence while on bail.

He shall not leave the State of Kerala without the permission of 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.