Najil And Ors vs State Of Kerala

This is an application filed u/s 439 of Code of Criminal Procedure seeking regular bail.

The petitioners are the 5th and 6th accused in Crime No 139 of 2021 of Elamakkara Police Station. The offences alleged are under sections 420,

406, 468, 471, and 201 read with Section 34 of Indian Penal Code.

The prosecution case is as follows: The 3rd accused ,with the intention to cheat the defacto complainant, had taken an Innova Crysta car bearing

Reg No KL-07-C-4930, on rent from the company of the defacto complainant named M/s Indus Motors. Later the said car was taken from the

premises of the defacto complainant, by the 1st and 6th accused. Subsequently, the said vehicle was illegally transferred to 3rd accused by creating

false documents and later the 3rd respondent transferred the same to the 4th respondent. The 5th respondent was also actively involved in the said

transactions.

The 1st petitioner/5th accused was arrested on 21.03.2021 and 2nd petitioner was arrested on 20.03.2021 and they are in judicial custody since

then.

Heard both sides and perused the case diary.

The learned counsel for the petitioners submitted that the petitioners are innocent and they were falsely implicated in the present case. It is

contended by him that, the materials available are not sufficient to establish any of the offences alleged against them. The learned Public Prosecutor

opposed the bail application. According to him, the accused committed the offences alleged against them and in case the petitioners are released on

bail, they are likely to influence the witnesses and thereby interfere with the ongoing investigation.

Perusal of the case diary would reveal that prima facie there are materials on record to connect the petitioners with the crime. However, the

petitioners were remanded to judicial custody on 21.03.2021 and 20.03.2021 respectively. Now about 50 days have been elapsed. Apparently,

investigation is proceeding smoothly and uninterruptedly. Further detention appears to be not necessary. It is also a relevant aspect to notice that, on

account of the alarming situation prevailing in the State owing to wide spread of COVID-19 Pandemic, the Government is taking measures to de-

congest the prisons so as to enable the authorities concerned to maintain social distancing within the prisons. As part of the said initiative, they have

issued G.O(Rt)No.1311/2021/HOME dated 05/05/2021, directing the authorities concerned to grant parole to eligible inmates of the Prisons in the

State, subject to the compliance of Rule 397(L) of the Kerala Prisons and Correctional Services (Management) Rules 2014. The Honourable Supreme

Court also, vide order dated 7.05.2021 in Suo Motu Writ Petition (C) No. 1/2020 issued various directions for minimizing the strength of inmates in

prisons. In my view, the above aspects are also very much relevant while considering this bail application. Therefore, even though the allegations

against the petitioner are serious in nature, this court is inclined to allow the application.

Thus, considering the totality of the facts and circumstances, I am of the view that the petitioner can be released on bail, subject to some conditions.

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

(i) The petitioners shall be released on bail on executing a bond for Rs. 1,00,000/- (Rupees One lakh only) each with two solvent sureties for the like

sum each to the satisfaction of the jurisdictional Magistrate/Court.

(ii) The petitioners shall fully co-operate with the investigation.

(iii) The petitioners shall appear before the investigating officer between 10.00 a.m and 11.00 a.m on every Wednesday until the filing of final report.

However, it is made clear that, this requirement shall stand suspended during the period of lock down declared by the Government or any other

competent authorities in this regard.

(iv) The petitioners shall also appear before the investigating officer as and when required by him.

(v) The petitioners shall not commit any offence of like nature while on bail.

(vi) The petitioners shall not make any attempt to contact any of the prosecution witnesses, directly or through any other person, or any other way try

to tamper with the evidence or influence any witnesses or other persons related to the investigation.

(vii) The petitioners shall not leave State of Kerala without the permission of the trial Court.