Rajesh vs State Of Kerala

Mohammed Nias C.P., J

This application is filed under Section 439 of the Code of Criminal Procedure seeking regular bail. The petitioner is accused No.9 in Crime No.1993/2023 of Thrissur East Police Station, Thrissur district, for committing offences punishable under Sections 395, 414, 212 & 120B of IPC.

The prosecution case is that the accused persons formed themselves into an unlawful assembly and hatched a conspiracy to commit robbery of gold ornaments, which the defacto complainant was carrying for delivering to various jewel shops. The allegation against the petitioner herein is that he has forged the number plates of the vehicle used in the crime. Thus, the petitioner herein/accused No.9 is alleged to have committed the offences mentioned above.

The learned counsel appearing for the petitioner would submit that the petitioner is totally innocent and has been falsely implicated with ulterior motives. At any rate, he points out that the petitioner is in custody from 12.9.2023, and the continued custody of the petitioner is unnecessary.

The learned Public Prosecutor opposed the petition and points out that the petitioner is not entitled to get bail.

Having considered the rival submissions and taking note of the fact that the only allegation raised against the petitioner herein is of having forged the number plates of the vehicle used in the crime and considering the fact that he has been detained since 12.9.2023 and also, since there is no apprehension raised by the prosecution that if he is released on bail the petitioner is likely to abscond, I am inclined to grant bail to the petitioner on strict conditions.

Accordingly, this application is allowed, and the petitioner is granted bail subject to the following conditions:-

i. The petitioner shall be released on bail on executing a bond for Rs.1,00,000/- (Rupees One Lakh only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional court; one of the sureties shall be a parent or close relative of the petitioner.

ii. The petitioner shall appear before the Investigating Officer at 10 a.m. every Saturday for three months or till the final report is filed, whichever is earlier.

iii.The petitioner shall neither intimidate or attempt to influence the witnesses nor tamper with the evidence or do anything that might adversely affect the trial.

iv.The petitioner shall not commit any offence while on bail.

v. The petitioner shall not leave the State of Kerala without the permission of the Court having jurisdiction.

vi.The petitioner shall not leave India without the permission of the jurisdictional Court, and if he has a Passport, he shall deposit the same before the Trial Court within a week. If the release of the Passport is required later, the petitioner shall be at liberty to move an appropriate application for the same before the Court having jurisdiction.

vii.The petitioner shall furnish his present address along with his mobile phone number to the Court concerned and the Investigating Officer.

In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation of bail and pass appropriate orders in accordance with law.