Mukesh P.K vs State Of Kerala

Viju Abraham, J

This is an application for regular bail.

The petitioners are accused Nos.2 & 4 in the Crime No.1151/2021 of Hosdurg Police Station, alleging commission of offence punishable under Sections 452, 307 and 395 r/w 34 of Indian Penal Code.

The prosecution allegation is that, at 12.00 hours on 12.11.2012 near Ganesh Mandhir at Kanhangad Durga Higher Secondary School Road of Hosdurg village, the accused have committed dacoity and taken away gold ornaments and Innova car, worth Rs.40,64,000/- by putting the defacto complainant and his wife in fear of hurt, at knife-point.

3.. It is the case of the petitioners that the defacto complainant had obtained transfer of certain property belonging to the mother of the 1st accused without paying any consideration for the same and thereafter, promised that an amount of Rs.50 lakhs will be paid to the 1st accused as consideration for the said property. It is submitted that the sister-in-law of the defacto complainant had executed an agreement and had also issued a cheque for an amount of Rs. 50 lakhs regarding the same. The 1st accused had filed a complaint against the defacto complainant and others on 01.10.2021 alleging commission of offence punishable under section 420 of the IPC. The complaint which led to the registration of the Crime No.1151 of 2021 of Hosdurg Police Station was given only on 12.11.2021. It is submitted that this crime was registered only with an intention to escape the liability of payment of Rs. 50 lakh to the 1st accused. The petitioners also submitted that the 1st accused is already granted bail by the Sessions Court, Kasaragod in Crl.MP No.3268/2021 and the 3rd accused was released on bail as per Annexure A3 order in B.A.No.2368/2022. It is further submitted that the 5th accused is also released on bail. The petitioners further submitted that they are falsely implicated in the said crime and that they were arrested on 12.05.2022 and is in custody since then.

The learned Public Prosecutor opposed the application for bail mainly contending that the petitioners are involved in other crimes also and further that the 1st petitioner has sent threatening message to the defacto complainant and to his friends through mobile phone. The learned Public Prosecutor also submitted that recoveries are also to be effected.

Having regard to the facts and circumstances of the case, considering the nature of the allegations and considering the fact that the petitioners are in custody from 12.05.2022 onwards, I am inclined to grant bail to the petitioners on stringent conditions. In the result, the bail application is allowed. It is directed that the petitioners shall be released on bail, subject to the following conditions:

(i) The petitioners shall execute bond for a sum of Rs.50,000/- (Rupees fifty thousand only)each, with two solvent sureties each, for the like-sum to the satisfaction of the jurisdictional court;

(ii) Petitioners  shall  appear  before  the investigating officer in Crime No.1151/2021 of Hosdurg Police Station on every Saturday at 11 am, until filing of final report;

(iii) The petitioners shall not attempt to interfere with the investigation or to influence or intimidate the defacto complainant or any witness in Crime No.1151/2021 of Hosdurg Police Station;

(iv) The petitioners shall not enter the local limits of the Hosdurg police station where the defacto complainant is residing except for the purpose of complying with condition No.(ii) above;

(v) The petitioners shall surrender their passport before the jurisdictional court. If the petitioners do not have a passport, they shall execute an affidavit to that effect and file the same before the said court within seven days of release on bail;

(vi) The petitioners shall not involve in any other crime while on bail.

If any of the aforesaid conditions are violated, the investigating officer in Crime No.1151/2021 of Hosdurg Police Station may file an application before the jurisdictional court, for cancellation of bail.

It is made clear that it is within the power of the Police to investigate the matter and if necessary, effect recoveries on the information, if any given by any of the petitioners even when the petitioners are on bail.