Jerrin George vs State Of Kerala

Viju Abraham, J.

This is an application for regular bail.

The petitioner is accused No.1 in Crime No.1171/2022 of Muvattupuzha Police Station alleging commission of offence punishable under Section 341, 427 and 398 of Indian Penal Code.

The prosecution allegation is that, the accused persons with the intention to commit robbery, conspired together and on 28.4.2022 during night hours, followed the defacto complainant in a car and motorcycle. By this time the defacto complainant was travelling from Mallappalli - Muvattupuzha in his car bearing reg.no.KL-17-F-6811. When the defacto complainant reached at Marady junction, accused waylaid their car and blocked the defacto complainant's vehicle. Thereafter the 1st accused came out of the car with granite stone covered by a cloth, hit and destroyed the front side door of the defacto complainant's car. Accused Nos.2 to 4 also came out of the car and they made an attempt to rob Rs.1,50,000/- from the defacto complainant. Thus, the accused is alleged to have committed the above said offence. 4 .The learned counsel for the petitioner submitted that the petitioner was falsely implicated in the said crime, in fact what has happened is that the defacto complainant was driving the car in a rash and negligent manner and it collided with the car driven by the 5th accused. The accused questioned the defacto complainant, who was in a highly intoxicated state, attacked the accused persons, including the petitioner. Due to sudden provocation, the petitioner had hit the car by using a stick and thereafter, the petitioner and the other accused left the place. It is only after 5 days of the incident, a false case has been lodged by the defacto complainant. It is also submitted that the petitioner was arrested on 10.05.2022 and is continuing in custody.

The learned Public Prosecutor seriously opposed the bail application.

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 10.05.2022 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)Petitioner shall appear before the investigating officer in Crime No.1171/2022 of Muvattupuzha 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.1171/2022 of Muvattupuzha Police Station;

(iv) The petitioner shall surrender his passport before the jurisdictional court. If the petitioner does not have a passport, he shall execute an affidavit to that effect and file the same before the said court within seven days of release on bail;

(v) 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.1171/2022 of Muvattupuzha Police Station may file an application before the jurisdictional court, for cancellation of bail.