Jinshamol A.N vs State Of Kerala

Shircy V, J

Application for regular bail.

The petitioner is the 23rd accused in Crime No. 146 of 2021 of Kodakara Police Station registered for the offences punishable under Sections 120B, 395, 212 and 412 of Indian Penal Code.

The petitioner has been in custody since 09.11.2021.

The prosecution allegation is that, on 03.04.2021, at about 4.40 a.m., while the informant, one Shamjeer, along with the 16th accused were proceeding in a car bearing Registration No. KL-56-G-6786 through the National Highway from Kozhikode to Ernakulam, the accused chased them in three vehicles and intercepted their car and dragged the informant out of the car and the 16th accused manhandled him. They have also caused damages to the car and then driven away the car to the residence of the 9th accused and looted an amount of Rs.3.5 Crores concealed in a secret chamber in that car and thereafter shared the said amount. On the information given, crime was registered alleging that a total sum of Rs.25 Lakhs was looted by the accused. Later on investigation, it was revealed that the amount was Rs.3.5 Crores and thus the investigation was taken up by the Deputy Superintendent of Police, Chalakudy and the accused were booked for having committed the aforesaid offences. But the offences alleged against this petitioner are under Sections 412 and 212 of the Indian Penal Code.

The learned counsel for the petitioner has raised a plea of false implication and pleaded total innocence.

But the learned Public Prosecutor has submitted that she is the wife of the 10th accused who was present along with the other accused to loot the money. In total, 3.5 crores was looted from the defacto complainant in the prosecution case. Out of the same Rs.10 lakhs was received by him as his share. He has entrusted that amount to this petitioner. She deposited a sum of Rs.9 lakhs in the account of her grandmother, Nabeesa on 8.4.2021. She also purchased gold ornaments worth Rs.1 lakh. Later she had withdrawn Rs.2 lakhs from the account of her grandmother and only the balance amount is in the account. The said amount was freezed by the investigating agency. Hence, the bail application is vehemently opposed by the learned Public Prosecutor.

The petitioner is a lady aged only 22 years. As per the records, prima facie it is seen that the amount of Rs.10 lakhs received by the 10th accused, her husband was entrusted to her and she deposited Rs.9 lakhs in the account of her grandmother and later withdrawn Rs.2 lakhs. The balance amount is freezed and the gold ornaments alleged to have been purchased with the money had been seized by the investigating agency.

Such being the case, I find that her further detention is not required for the investigating agency to complete the investigation. Therefore, I am inclined to allow this application subject to the following conditions:

(i) The petitioner shall be released on bail on executing a bond for a sum of Rs.1,00,000/- (Rupees one lakh only) with two solvent sureties for the like sum each to the satisfaction of the court having jurisdiction.

(ii) The petitioner shall appear before the Investigating Officer for interrogation as and when required by him, in writing, till filing of the final report.

(iii) The petitioner shall not directly or indirectly, make any inducement, threat or promise 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.

(iv) The petitioner shall not commit any offence while on bail.

In case of violation of any of the above conditions, the learned Magistrate/Judge is at liberty to cancel the bail in accordance with the law.