Muhammed Faizal @ Faizy vs State Of Kerala

Ashok Menon, J

Application for regular bail under Section 439 of Cr.P.C.

The applicant is the 4th accused in Crime No.415/2021 of Mangalapuram Police Station for having allegedly committed offences punishable under

Sections 120B, 465, 392, 395, 412 and 163 r/w Section 34 of IPC.

The prosecution case, in brief, is that on 09.04.2021 at about 8 p.m in accordance with the conspiracy that was hatched by the accused in this

crime, while the de facto complainant and his brother-in-law were travelling in a car bearing registration No.KL 01 CF 5781 from

Thiruvananthapuram to Attingal, accused Nos.1 to 6 which includes the applicant, waylaid them, the 1st accused broke open the window of the glass

with a chopper, the 2nd accused sprinkled chilly powder on the face of the de facto complainant and others inside the car and the 1st accused

thereafter caused injury to the left palm of the de facto complainant with a chopper, the 3rd accused robbed the de facto complainant and others inside

of 830gms of gold worth Rs.36 lakhs. Thereafter they also kidnapped the driver and the de facto complainant's brother-in-law, who were inside the

car and took them to different places and thus committed the offence.

The applicant was arrested on 17.04.2021 and he has been in custody since then. His custodial interrogation is over and the recovery has already

been effected. The learned counsel for the applicant submits that the applicant has no criminal antecedents. There is no specific allegation of any

overt act against him apart from the fact that he was with the rest of the accused when the alleged act took place. Therefore, it is prayed that he may

be released on bail.

Heard the learned counsel for the applicant and the learned Public Prosecutor.

The learned Public Prosecutor admits that the applicant has no criminal antecedents. Recovery has already been effected. Considering the present

pandemic situation, I find that further incarceration of the applicant may not be necessary. To see that he is not likely to abscond, stringent conditions

can be imposed. Hence, the Bail Application is allowed and the applicant is directed to be released on bail on execution of bond for Rs.50,000/-

(Rupees fifty thousand only) with two solvent sureties, each for the like amount to the satisfaction of the jurisdictional court and on following

conditions:-

(i) He shall not get involved in similar cases during the currency of the bail.

(ii) He shall appear before the investigating officer as and when called for.

(iii) He shall not tamper with evidence, intimidate or influence the witnesses.

In case of violation of the bail conditions, the prosecution is at liberty to move for cancellation of the bail before the jurisdictional court.