Jamshid K V vs State Of Kerala

Viju Abraham, J

This is an application for regular bail.

Petitioner is the 5th accused in Crime No.480 of 2022 of Thirunelli Police Station, Wayanad registered alleging commission of offence punishable under Section 395 of the Indian Penal Code.

The gist of the case is that on 05.10.2022 at 04:00 a.m. while the defacto complainant was travelling from Bangalore to Kozhikkode through Tholpetty-Kattikkulam public road in a bus named Silverline, accused Nos. 1 to 7 intercepted the vehicle and robbed an amount of Rs.1,40,00,000/- (Rupees one crore and forty lakhs only) kept by the defacto complainant in the bag possessed by him and thus accused persons have committed the aforesaid offence.

Petitioner submits that he is in custody from 23.10.2022 onwards and that he has been falsely implicated in the abovesaid crime. Further case of the petitioner is that even though the alleged occurrence was on 05.10.2022, the complaint was lodged on 12.10.2022 and there is an unexplained delay of seven days.

Learned Public Prosecutor seriously opposed the application for bail mainly contending that the petitioner along with other accused came in two vehicles and in one of the vehicles a sticker was affixed showing that it was a police vehicle and thereby committed theft of Rs.2.6 crores and the petitioner had received an amount of Rs.5 lakhs. Learned Public Prosecutor further submitted that all the accused involved in the abovesaid crime except the petitioner have serious criminal antecedents.

Considering the facts and circumstances of the case and taking into consideration the detention of the petitioner from 23.10.2022 onwards, I am inclined to grant bail to the petitioner, but the same shall only be on stringent conditions in view of the seriousness of the allegation.

(i) The petitioner shall execute 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) He shall appear before the investigating officer in Crime No.480 of 2022 of Thirunelli Police Station, Wayanad on all Saturdays at 11.00 a.m. for a period of six months.

(iii) He shall not leave the State of Kerala without getting prior permission from the jurisdictional court.

(iv) He shall not attempt to interfere with the investigation or to influence any witness in the abovesaid crime.

(v) He shall not involve in any other crime while on bail.

If  any  of  the  aforesaid  conditions  are  violated,  the investigating officer in Crime No.480 of 2022 of Thirunelli Police Station, Wayanad may file an application before the jurisdictional court, for cancellation of bail.