Paanaj Singh Rajput vs State Of Kerala

Ashok Menon, J

Application for regular bail under Section 439 of the Code of Criminal Procedure, 1973.

2. The applicant is the 2nd accused in Crime No.156/2021 of Kasaba Police Station, Kozhikode. The crime was originally registered for offences

punishable under Sections 450 and 394 of the Indian Penal Code(for short,'IPC'). Subsequently, it was altered to offences under Sections 120B, 408,

380, and 451 read with Section 34 IPC and under Section 117(d) of the Kerala Police Act, 2011.

3. The prosecution case, in brief, is that on 03.04.2021 at about 8.00 p.m., at Flat No.111 in the main building of Highlite Eminent Apartment. The

applicant hatched a conspiracy with the other three accused and gold ornaments and cash entrusted to Accused No.1 was dishonestly taken by the

rest of the accused and the 1st accused attempted to make it as a case of theft committed by the other accused and also inflicted injuries on himself to

make it look like an act of robbery.

4. Investigation revealed that it was a conspiracy and accused Nos.1 and 2 were arrested. Accused Nos.3 and 4 are yet to be arrested. The

applicant was arrested on 24.04.2021 and continues in custody. He pleads that he is innocent and the allegations are not true that he has no criminal

antecedents and therefore, he may be released on bail.

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

6. Admittedly the applicant has no criminal antecedents. He is a permanent resident of Gujarat. The allegedly stolen articles have all been

recovered. Under the circumstances, I do not find any reason for further incarceration of the applicant. The fact that he is not a permanent resident of

Kerala requires stringent conditions to be imposed. Hence, the application is allowed and the applicant is directed to be released on bail on the

execution of bond for Rs.50,000/-(Rupees fifty thousand only) with two solvent sureties(preferably local sureties) each for the like amount to the

satisfaction of the jurisdictional court and on following conditions:-

(i)Â He shall appear before the Investing Officer on all Saturdays between 9.00 a.m. and 12 noon for a period of three months or till the filing of the final report

whichever is earlier.

(ii)Â He shall give his address and mobile phone number to the Investing Officer and shall be available as and when called for.

(iii)Â He shall not attempt to influence or intimidate the witnesses or tamper with evidence.

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

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