Noufal vs State Of Kerala

Ashok Menon, J

Applications for regular bail under Section 439 Cr.PC.

The applicant in BA No.3593/2021 is the fifth accused, while the applicants in BA No.4353/2021 are accused Nos.6 to 9 in Crime No.415/2021 of

Mangalapuram Police Station, Thiruvananathapuram District for having allegedly committed offences punishable under Sections 120B, 465, 392, 395,

412 & 363 read with Section 34 IPC.

The prosecution case, in brief, is that the applicants and the rest of the accused allegedly hatched a conspiracy to abduct and rob the de facto

complainant and his brother-in-law and in consequence to that on 09.04.2021 at about 8 p.m 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 allegedly obstructed the car,

waylaid them and the first accused broke open the window of the glass with a chopper, the second accused sprinkled chilly powder into the eyes of

the de facto complainant and others inside the car and the third accused allegedly committed robbery by stealing 830.630 gms of gold ornaments worth

Rs.36 lakhs. The first accused also allegedly inflicted a cut injury on the left palm of the de facto complainant with a chopper. The first accused is still

at large.

The fourth accused was granted bail after he was apprehended. The applicants herein were arrested on different dates; accused Nos.7 and 8 were

arrested on 30.4.2021, while accused Nos.5, 6 and 9 were arrested on 17.4.2021, 20.4.2021 and 2.5.2021, respectively. They continue in remand since

then. The applicants state that they are innocent and the allegations are not true. Their role is limited. It is alleged that accused Nos.5 and 6 were

present at the scene of occurrence at the time of the alleged robbery. Accused Nos.7 to 9 were not even present at the scene of occurrence and they

have been implicated only by virtue of being part of the conspiracy hatched between them. None of the accused have any criminal antecedents. They

are willing to cooperate with the investigation. Their custodial custodial interrogation is already over. Considering the present pandemic time, they may

not be incarcerated any longer.

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

The learned Public Prosecutor admits that none of the applicants have any criminal antecedents. Under the circumstances, I find no reason why

they should abscond or flee from justice and not cooperate with the investigation. Considering the fact that the applicants have not caused any harm to

the de facto complainant or the others inside the car and the main perpetrators of the crime were accused Nos.1, 2 and 3, I find no reason for further

incarceration of the applicants.

In the result, the Bail Applications are allowed and accused Nos.5 to 9 are directed to be released on bail on execution of a bond for Rs.50,000/-

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

further conditions:

(i) They shall appear before the investigating officer on all Saturdays between 9 a.m. and 12 noon for a period of two months or till filing of final report, whichever is

earlier.

(ii) They shall not attempt to influence or intimidate the witnesses or tamper with evidence.

(iii) They shall not get involved in similar offences during the currency of the bail.

In case of breach of any of the bail conditions, the prosecution shall be at liberty to approach the jurisdictional court for cancellation of the bail.