Jarees vs State Of Kerala

Viju Abraham, J

This is an application for regular bail.

The petitioner is an accused in Crime No.231/2022 of Kuttyadi Police Station alleging commission of offence punishable under Section 392 and 419 of Indian Penal Code.

The prosecution allegation is that, on 10-10-2021, at 11 am, while the defacto complainant was standing at a bus stop with foreign liquor bottles purchased from BEVCO, the petitioner and other accused impersonated and pretended to be excise officials, threatened to initiate case against him, took the complainant on a motor bike robbed a golden ring and Rs. 27,000/ from him. Thus, the petitioner has committed the aforesaid offence.

4 .The learned counsel for the petitioner submitted that the petitioner has been falsely implicated in the above said crime. Though the petitioner moved an application for bail before the Sessions Court, Kozhikode, the same was rejected by Annexure A2 order. It is also submitted that the petitioner is in custody from 23.05.2022 onwards.

The learned Public Prosecutor, upon instructions, submitted that the petitioner is also involved in a crime of similar nature, registered as Crime No.146/2022 of Thottilpalam Police Station. The learned counsel for the petitioner thereupon submitted that the petitioner is already released on bail on 31.05.2022, in the said crime.

Having regard to the facts and circumstances of the case, considering the nature of the allegations and considering the fact that the petitioner is in custody from 23.05.2022 onwards, I am inclined to grant bail to the petitioner subject to stringent conditions. In the result, the bail application is allowed. It is directed that the petitioner shall be released on bail, subject to the following conditions:

(i) The petitioner shall execute bond for a sum of 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 appear before the investigating officer in Crime No.231/2022 of Kuttyadi Police Station on every Saturday at 11 am, until filing of final report;

(iii) The petitioner shall not attempt to interfere with the investigation or to influence or intimidate the defacto complainant or any witness in Crime No.231/2022 of Kuttyadi Police Station;

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

If any of the aforesaid conditions are violated, the investigating officer in Crime No.231/2022 of Kuttyadi Police Station may file an application before the jurisdictional court, for cancellation of bail.