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Judgment
17 paragraphs · 511 wordsA.Badharudeen, J
This is a petition for anticipatory bail filed by the 1st accused in Crime No.1291/2022 of Kilimanoor Police Station under Section 438 of the Code of Criminal Procedure, where he alleged to have committed offences punishable under Sections 120(b), 201, 202, 342, 323, 324, 506, 364A, 395 & 307 of the Indian Penal Code.
Heard the learned counsel for the petitioner as well as the learned Public Prosecutor.
The prosecution allegation is that at 21.00 hours on 28.11.2022, the accused herein, after hatching conspiracy to do away the defacto complainant, assaulted him, abducted him and brought him to Kollam. Thereafter, the accused fabricated the registration number of lorry belonging to one Sherin Mubaraq and committed robbery of mobile phones and cash belonging to the defacto complainant after keeping him under wrongful confinement till 01.12.2022. According to the learned counsel for the petitioner, the petitioner is innocent and he is ready to co-operate with the investigation.
Whereas the learned Public Prosecutor vehemently opposed the plea for anticipatory bail and submitted that the allegations alleged against the petitioner are very serious and the accused herein jointly abducted and brutally manhandled and kept the defacto complainant under illegal confinement. It is also submitted that the petitioner is a habitual offender having involvement in 9 crimes of somewhat similar nature and, therefore, he may not be released on bail. Further the learned Public Prosecutor submitted that his arrest and custodial interrogation are necessary for meaningful investigation and successful prosecution.
I have perused the F.I statement as well as the report given by the Investigating Officer. As per the prosecution records, the allegations against the accused, particularly against the 1st accused, are very serious. In such a case, arrest and custodial interrogation of the petitioner are essential requisites for effective investigation and eventful prosecution. Be it so, granting anticipatory bail to the petitioner herein, who is the prime accused n this crime, is as good as an honourable acquittal before completion of investigation. That apart, the petitioner is a person having involvement in the following crimes:
“1. Kallambalam PS Crime 81512/14 U/s 380, 457, 461, 511 & 34 IPC
Kallambalam PS Crime No.2365/21 U/s 420, 406 & 34 IPC.
Kallambalam PS Crime 82367/21 U/s 420, 406 & 34 IPC.
Kallambalam PS Crime 8269/2022 U/s 120(b), 420, 465, 467, 468 & 471 IPC.
Kallambalam PS Crime 8562/22 U/s 420, 406 & 34 IPC.
Kollam East PS Crime 2197/17 U/s 379 IPC.
Kollam East PS Crime 2728/17 U/s 468, 471 & 34 IPC.
Kollam East PS Crime 2729/17 U/s 379 & 34 IPC.
Kolimanoor PS Crime 1362/22 U/s 465, 471 & 34 IPC.”
I have noticed seriousness of the offences and the manner in which it was committed by a person, who has criminal antecedents starting from 2014 to 2022, and a person having involvement in 4 crimes altogether, during 2022. Therefore, the pre-arrest bail plea at the instance of the petitioner must fail.
Therefore, this petition fails and is accordingly dismissed.