Reneesh P.T. 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 the 2nd accused in Crime No. 803/2023 of Panur Police Station, Kannur, for having allegedly committed offences punishable under Section 395 of the Indian Penal Code.

The case of the prosecution is that, on 04.08.2023 at about 13.45 hrs, from K.P Mohanan MLA road at Panoor, when the defacto complainant was travelling in a scooter bearing registration No. KL-58-Af -5878, the petitioner, along with the other accused, wrongfully restrained, caused simple hurt and dishonestly took away cash Rs. 4,60,000/- kept below the seat of the scooter, thereby committed the offence.

The learned counsel appearing for the petitioner would say that the petitioner is totally innocent and falsely implicated with ulterior motives. At any rate, he points out that the petitioner is in custody from 14/08/2023, and continued custody of the petitioner is unnecessary. The learned counsel for the petitioner submits that this Court has granted bail to the 5th accused in the above crime in B.A. No.7955/2023 dated 21.09.2023

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

After having considered the submissions of the learned counsel for the petitioner and the learned Public Prosecutor, the fact that the petitioner has been in custody since 18/08/2023 and also based on the order passed in B.A.No.7955 of 2023 as regards the 5th accused and since the prosecution raises no apprehension that if he is released on bail, the petitioner is likely to abscond, I hold that bail can be granted to the petitioner. It is also to be noted that no criminal antecedents have been reported against the petitioner.

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.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional court;

(ii) The petitioner shall report before the Investigating Officer as and when required to do so.

(iii) The petitioner shall not tamper or attempt to tamper with the evidence or influence or try to influence the witnesses.

(iv) The petitioner shall not be involved in any other crime while on bail.

(v) If any of the conditions are violated, the court concerned shall be empowered to take steps for cancellation of bail as per law.