Muhammed Aneez vs State Of Kerala

Mohammed Nias C.P.J

This application is filed under Section 439 of the Code of Criminal Procedure, seeking regular bail.

The petitioner is the 15th accused in Crime No. 178/2023 of Meenakshipuram Police Station, Palakkad District, for having allegedly committed offences punishable under Sections 120B, 365, 394, 395, 212, 109, 118 and 201 of the Indian Penal Code.

The prosecution case is that the accused persons, with an intention to commit theft, on 26/03/2023, intercepted the bus in which the defacto complainant was travelling, abducted the defacto complainant and took him to a vacant place and committed theft of 600gms of gold ornaments to the value of 30 lakhs along mobile phone and cash worth Rs.23,000/-. The allegation against the petitioner/A15 is that the petitioner is involved in many similar cases and, with the intention to commit the theft of gold, had passed the information received from the 16th accused regarding the travel date and route of the defacto complainant to the other accused persons and thereby committed the offence.

The learned counsel appearing for the petitioner would say that the petitioner is innocent and falsely implicated with ulterior motives. At any rate, he points out that the petitioner is in custody since 18/07/2023, and continued custody of the petitioner is unnecessary.

The learned public prosecutor opposed the petition and points out that the petitioner is not entitled to bail.

After having considered the submissions and taking into account the fact that the petitioner has been in custody since 18/07/2023, that the 13th accused has been granted bail by this Court in B.A.No.3799/2023 dated 06/06/2023 and that most of the other accused are also released on bail, I hold that bail can be granted to the petitioner.

Accordingly, this application is allowed, and the petitioner is granted bail subject to the following conditions:-

(i) The petitioner shall be released on bail on executing 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) The petitioner shall report before the Investigating Officer as and when directed.

(iii) The petitioner shall not tamper or attempt to tamper with the evidence or influence or try to influence the witnesses.

(iv) The petitioner shall not be involved in any other crime while on bail or leave India without the prior permission of the Court concerned.

If any of the conditions are violated, the court concerned shall be empowered to take steps for cancellation of bail as per law.