Pratheesh vs State Of Kerala

Mohammed Nias C.P.J

This application is filed under Section 439 of the Code of Criminal Procedure, 1973, seeking regular bail.

Petitioner is the 12th accused in Crime No. 546 of 2022 of the Walayar Police Stattion, Palakkad District, for having allegedly committed offences punishable under Sections 341, 364, 394, 395, 120(B) and 212 of the Indian Penal Code.

The allegation against the petitioners is that, on 6.12.2022 at about 5.00 a.m., accused in 5 in number, with an intention to commit decoity, had obstructed the Ritz car bearing registration No. KL AU 9437 using another car while he was travelling from Walayar to Palakkad and attacked the defacto complainant and others. They had voluntarily hurt the defacto complainant and committed robbery of a Ritz car, along with Rs.10 lakh and a mobile phone. They abducted the defacto complainant's friend to endanger his life, thereby, the petitioner committed the above offence.

The learned counsel appearing for the petitioner would say that the petitioner is innocent and falsely implicated with ulterior motives. At any rate, he points out that the petitioner is in custody from 01.08.2023, and continued custody of the petitioner is unnecessary.

The learned Public Prosecutor opposed the petition and pointed out that enlarging the petitioner on bail will endanger the life of the defacto complainant and his family, there is every chance of him absconding, releasing on bail the person involved in such a serious offence will give a wrong message to the society, threat of intimidating the witnesses and also the relevant fact that the accused had absconded for six months after the occurrence.

Learned counsel for the petitioner relying on the order in BA No.2183 of 2023 dated 22.3.2023 filed by accused Nos.1 to 4, 6 and 7 in the very same crime submits that the petitioner herein is a similarly placed and prayed for granting bail on the ground of parity.

It is to be noted that the petitioner herein has the following criminal antecedents:-

(i) Crime No.616 of 2016 of Kongad Police Station, Palakkad District, under Sections 341, 323, 324, 313, 307, 376(2)(n) IPC and 5j(ii),5(I) of Pocso Act.

(ii) Crime No.202 of 2020 of Hemambika Nagar Police Station, Palakkad District, under Sections 341, 323, 447, 294(b), 506(I) r/w 34 IPC

(iii) Crime No.130 of 2018 of Manjeri Police Station, Malappuram District, under Sections 20(b)(ii) of the NDPS Act.

It is to be noted that the petitioner had absconded after the incident and was arrested only on 01.08.2023, nearly seven months after the occurrence. Going through the order in B.A.2183/23, I do not think that the case of the petitioner herein is similarly situated as that of the accused in that case. The apprehension expressed by the prosecution that there is a likelihood of the accused absconding if released on bail appears to be reasonable The further apprehension regarding the likelihood of the petitioner intimidating the witnesses and thwarting the investigation and a fair trial also cannot be ruled out, given the antecedents against the petitioner noted above. Under such circumstances, I am not inclined to grant bail to the petitioner herein.

Accordingly, the bail application stands dismissed.