Pranav vs State Of Kerala

Viju Abraham, J

This is an application for regular bail.

Petitioner is the 1st accused in Crime No.547 of 2022 of Walayar Police Station, Palakkad registered alleging commission of offence punishable under Section 393 of the Indian Penal Code.

Prosecution allegation is that on 05.12.2022 at about 9.30 p.m., at a place by name Mangalathanchalla, situated near a petrol pump closed to Walayar toll gate along the National Highway-544, the accused Nos.1 to 4 came in motorcycles and intercepted a lorry bearing Reg.No.TN-40-AB-5999 and it is alleged that the first accused using pipe like object sprinkled chilly powder on the face of the driver and the cleaner and forced them to abandon the vehicle and run after threatening them with dire consequences. It is also alleged that thereafter the accused Nos. 1 and 2 entered into the cabin of the lorry and took out the bags and attempted to take away Rs.48,000/- containing in the bags. Thus the petitioner has committed the aforesaid offences.

Petitioner submits that he has been falsely implicated in the abovesaid crime and that he is in custody from 10.12.2022 onwards. Petitioner further submits that the investigation in the case is almost over and his further detention is not required for the purpose of the same and that the issues have been settled with the defacto complainant and the defacto complainant has sworn to Annexure-I affidavit in that regard.

Learned Public Prosecutor though opposed the application for bail submitted that the factum of settlement as is seen from Annexure-I is true. Learned Public Prosecutor further submitted that the petitioner is involved in another crime in the year 2015.

Considering the facts and circumstances of the case and the nature of the allegations and also taking note of the detention of the petitioner from 10.12.2022 onwards, I am inclined to grant bail to him on the following conditions.

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

(ii) He shall appear before the investigating officer in Crime No.547 of 2022 of Walayar Police Station, Palakkad on all Saturdays at 11.00 a.m. till the filing of final report.

(iii) He shall not attempt to interfere with the investigation or to influence any witness in the abovesaid crime.

(iv) He shall not involve in any other crime while on bail.

If  any  of  the  aforesaid  conditions  are  violated,  the investigating officer in Crime No.547 of 2022 of Walayar Police Station, Palakkad may file an application before the jurisdictional court, for cancellation of bail.