Haseeb K. vs State Of Kerala

Mohammed Nias C. P. , J.

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

The petitioner is the 6th accused in Crime No. 242 of 2023 of Thamarassery police station, Kozhikode District, for having committed offences punishable under Sections 324 and 395 of the Indian Penal Code.

The prosecution case is that, on 11.4.2023 at about 12.50 A.M. at Kaithappoyil, while the defacto complainant was sleeping after parking his vehicle on the roadside, the petitioner and other accused persons came in an Innova car and attacked the defacto complainant with a stick. Then, they snatched the key of the defacto complainant’s vehicle and took away the vehicle. They later abandoned the said vehicle at Vavad after committing theft of Rs.65,000/- kept in the vehicle. Thus, the petitioner and the other accused persons are alleged to have committed the offences mentioned above.

The learned counsel appearing for the petitioner would say that the petitioner is totally innocent and falsely implicated with ulterior motives. At any rate, he points out that the petitioner is in custody from 29.2.2023 and the continued custody of the petitioner is unnecessary.

The learned Public Prosecutor opposed the petition and pointed out that the petitioner was not entitled to get bail.

After having considered the submissions of the learned counsel for the petitioner and the learned Public Prosecutor, the fact that the petitioner has been in custody since 29.2.2023 and also, since there is no apprehension raised by the prosecution that if released on bail, the petitioner is likely to abscond, I hold that bail can be granted to the petitioner, more so when the third accused was granted bail by Anx.A-3 order in B.A.No.10677/2023 dated 14.12.2023.

Accordingly, this application is allowed and the petitioner is granted bail subject to the following conditions:-

i. The petitioner shall be released on bail on 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 jurisdictional court;

ii. The petitioner shall report before the Investigating Officer as and when required to do so;

iii.The petitioner shall not tamper or attempt to tamper with the evidence or influence or try to influence the witnesses;

iv.The petitioner shall not be involved in any other crime while on bail;

v. The petitioner shall surrender his Passport, if any, within seven days from the date of his release before the Court concerned, and if the release of the Passport is required at a later period, the petitioner shall be at liberty to move an appropriate application for the same before the Court having jurisdiction. If he has no Passport, he shall file an affidavit to that effect before the Court concerned on the date of execution of the bond or within three days thereafter;

vi.If any of the conditions are violated, the Court concerned shall be empowered to take steps for cancellation of bail as per law.