Haseeb vs State Of Kerala

C.S.Dias, J

The application is filed under Section 439 of the Code of Criminal Procedure, 1973, by the 9th accused in Crime No.507/2023 of the Palakkad Town South Police Station, Palakkad, registered against the accused (ten in number) for allegedly committing the offence punishable under Sec.392 r/w Sec. 34 of the Indian Penal Code, 1860. The petitioner was arrested from Mumbai on 31.12.2023 and was remanded to judicial custody on 04.01.2024.

The essence of the prosecution case is that: around 18.55 hours on 20.04.2023, while the informant was travelling on his scooter bearing registration No.KL09-AR 4578 with an amount of Rs.30/- lakh to be entrusted to his employer, one Umesh, when he reached in front of the house of the employer, the accused 1 and 2 in furtherance of their common intention snatched away the bag from him after spraying some chemical in his eyes and hitting him with a hammer. The accused escaped from the spot on the scooter. Subsequently, in the investigation, it was unveiled that there are other accused involved in the crime. Thus, the accused have committed the above offences.

Heard; Sri.V.A.Johnson, the learned counsel appearing for the petitioner and Smt.Neema T.V., the learned Public Prosecutor.

The learned counsel appearing for the petitioner submitted that the petitioner is totally innocent of the accusations levelled against him. A reading of Annexure-1 FIR itself would substantiate the falsity in the crime. This is the second application filed by the petitioner for the same relief. In fact, the fifth accused has already been released on bail by this Court as per the order in BA No.4259/2023. The investigation in the case is practically complete and recovery has been effected. Therefore, the petitioner’s further detention is unnecessary. Hence, the bail application may be allowed.

The learned Public Prosecutor opposed the application. She contended that the investigation in the case is in progress. The petitioner is a person with criminal antecedents. He is involved in five other crimes. It was considering these aspects, this Court had dismissed his earlier bail application. If the petitioner is let off on bail, there is every likelihood of him committing a similar offence. Therefore, the application may be dismissed.

Indisputably, the petitioner is the 9th accused and he was arrested on 31.12.2024. The investigation, so far as it relates to the petitioner, is practically complete and recovery has been effected. Taking into account the above factors, I am of the view that the petitioner’s further detention is not necessary. Hence, I am inclined to allow the bail application.

In the result, the application is allowed, by directing the petitioner to be released on bail on him 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, which shall be subject to the following conditions:

(i) The petitioner shall appear before the Investigating Officer on every Saturday between 9 a.m. and 11 a.m for a period of one month or till the final report is laid, whichever is earlier. He shall also appear before the Investigating Officer as and when required;

(ii) The petitioner shall not directly or indirectly make any inducement, threat or procure to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any Police Officer or tamper with the evidence in any manner, whatsoever;

(iii) The petitioner shall not commit any offence while he is on bail;

(iv) The petitioner shall surrender his passport, if any, before the court below at the time of execution of the bond. If he has no passport, he shall file an affidavit to the effect before the court below on the date of execution of the bond;

(v) The petitioner shall not leave the territorial jurisdiction of the Court of Session, Palakkad, without the permission of the jurisdictional Court.

(vi) In case of violation of any of the conditions mentioned above, the jurisdictional court shall be empowered to consider the application for cancellation of bail, if any filed, and pass orders on the same, in accordance with law.

(vii) Applications for deletion/modification of the bail conditions shall be moved and entertained by the court below.

(viii) Needless to mention, it would be well within the powers of the Investigating Officer to investigate the matter and, if necessary, to effect recoveries on the information, if any, given by the petitioner even while the petitioner is on bail as laid down by the Hon'ble Supreme Court in Sushila Aggarwal v. State (NCT of Delhi) and another [2020 (1) KHC 663].