High CourtsSingle Bench

Ratheesh vs State Of Kerala

High Court Of Kerala · Decided on 19 June 2023 · Citation: (2023) 06 KL CK 0278

HON’BLE JUDGES
Bechu Kurian Thomas, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 439 · Indian Penal Code, 1860 — Section 120B, 392
RESULT
Allowed
CASE NUMBER
Bail Application No. 4575 Of 2023
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Judgment

13 paragraphs · 330 words

Bechu Kurian Thomas, J.

1.

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

2.

Petitioner is the 12th accused in Crime No.328/2023 of Vellathooval Police Station, Idukki, alleging offences punishable under Sections 120B and 392 of the Indian Penal Code, 1860.

3.

According to the prosecution, the accused had, in furtherance of their intention to commit robbery, made the defacto complainant to withdraw an amount of Rs.35,00,000/- from the Bank account and on 19.05.2023, robbed him of the money from a place near Chithirapuram Church, by pushing down the defacto complainant and grabbing his bag and the accused thereby committed the offences alleged.

4.

I have heard Sri. C.R.Jayakumar, the learned counsel for the petitioner as well as Smt. Neema.T.V, the learned Public Prosecutor.

5.

Accused Nos. 3, 9 and 14 have already been released on bail by the Sessions Court. Petitioner was arrested on 31.05.2023. Though the allegations against the petitioner are serious in nature, considering the period of detention already undergone, I am of the view that, further detention is not essential.

6.

Accordingly, this application is allowed on the following conditions:

a) Petitioner shall be released on bail on him executing a bond for Rs.50,000/- (Rupees Fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction.

b) Petitioner shall appear before the Investigating Officer as and when required.

c) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he attempt to tamper with the evidence.

d) Petitioner shall not commit any similar offences while he is on bail.

e) Petitioner shall not leave India without the permission of the court having jurisdiction.

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