Nadar vs State Of Kerala

Dr. Kauser Edappagath, J

This application is filed u/s 438 of the Code of Criminal Procedure seeking pre-arrest bail.

The applicant is the accused No.49 in Crime No.175/2021 of Karipur Police Station, Malappuram District. The offences alleged are punishable under Sections 399, 402, 120B, 216A and 212 of the Indian Penal Code.

The prosecution case, in short, is that on 21/06/2021 at 2.30 am, the petitioner along with other accused in the case, who were stated more than 60 numbers, came to Karipur Airport for the purpose of committing dacoity and taking away some gold, which was being transported from abroad by a person namely Muhammed Shafeeq. It is alleged that the aforesaid Muhammed Shafeeq had been apprehended by the Customs Department and his associate who is the 2nd accused in the case, is stated to have left the place. These large number of persons who had come to the airport with an intention to commit dacoity and to steal the gold from Muhammed Shafeeq and his associate, chased his associate using several cars and a tipper lorry. It is alleged that one of the cars met with an accident and accused Nos. 9 to 13 died owing to the said accident. It is alleged that thus the accused have committed the offences punishable u/s 399, 402, 120B, 216A and 212 of the Indian Penal Code.

I have heard Sri.T.K.Ajith Kumar, the learned counsel for the applicant and Smt. Rekha.S, the learned Senior Public Prosecutor. Perused the case diary.

The learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case. The counsel further submitted that no materials are on record to connect the applicant with the alleged crime; hence, he is entitled to get bail. The learned Public Prosecutor, on the other hand, submitted that the alleged incident occurred as a part of the intentional criminal acts of the applicant, and if he is released on bail at this stage, it will affect the course of the investigation.

The applicant has been arrayed as an accused subsequently. The only allegation against him is that he was a member of a WhatsApp group created by accused No.18, and he has forwarded certain messages pertaining to the offence in the said group. However, no sufficient material has been collected by the investigation agency so far to prove that the telephone number allegedly used by him stands in his name. Annexure 1 would show that the applicant is suffering from Chronic Calcific Pancreatitis and Bilateral Renal Calculi, and he is continuing treatment for the same. Annexure 2 would show that a similarly placed accused has already been granted anticipatory bail by this Court. The applicant has no criminal antecedents. Considering the allegations levelled against the applicant, his custodial interrogation does not appear to be necessary. For these reasons, it is a fit case where pre-arrest bail can be granted to the applicant.

In the result, the application is allowed on the following conditions:-

(i) The applicant shall be released on bail in the event of his arrest on executing a bond for Rs.1,00,000/- (Rupees One lakh only) with two solvent sureties for the like sum each to the satisfaction of the arresting officer/investigating officer, as the case may be.

(ii) The applicant shall fully cooperate with the investigation, including subjecting himself to the deemed police custody for discovery, if any, as and when demanded.

(iii) The applicant shall appear before the investigating officer between 10.00 a.m. and 11.00 a.m. every Saturday until further orders. He shall also appear before the investigating officer as and when required.

(iv) The applicant shall not commit any offence of a like nature while on bail.

(v) The applicant shall not attempt to contact any of the prosecution witnesses, directly or through any other person, or in any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation.

(vi) The applicant shall not leave the State of Kerala without the permission of the trial Court.

(vii) The application, if any, for deletion/modification of bail conditions or cancellation of bail on the grounds of violating the bail conditions shall be filed at the jurisdictional court.