Shijo Varghese @Appu vs State Of Kerala

Viju Abraham, J.

This is an application for regular bail.

The petitioners are accused Nos. 1 to 3 in Crime No.1744/2022 of Thiruvalla Police Station, Pathanamthitta, alleging commission of offences punishable under Sections 387, 342, 451, 323, 294(b), 506(11), 427 and 392 of Indian Penal Code.

The prosecution allegation is that, on 26/09/2022 at 7 pm, the accused with a dishonest intention of committing extortion by putting the defacto complainant in fear of death, criminally trespassed into the godown owned by the defacto complainant after making preparation for causing hurt to the complainant . The 1st accused using a sword stick threatened the complainant by aiming the weapon towards his neck and demanded Rs.3,00,000/- from him. The 1st accused pushed the complainant and hurled abusive words against him and also, threatened to kill him when he denied his demand. When the driver of the defacto complainant interfered, accused Nos. 2 and 3 beat him and fisted him with their hands. The 1st accused locked the main gate of the godown and wrongfully confined the complainant and his driver. The accused also deflated the tyres of three lorries and one JCB which was lying in front of the godown and caused a loss of 5,000/-to the complainant and thereby the accused have committed the aforesaid offences.

The learned counsel for the petitioners submitted that the petitioners were arrested on 27.09.2022 and that they are in custody since then. Though the petitioners moved an application for bail before the jurisdictional Court, the same was rejected by Annexure 1 order. It is also submitted the investigation is practically over and therefore, the continued detention of the petitioners is not required for the purpose of investigation.

The learned Public Prosecutor seriously opposed the application for bail mainly contending that the petitioners trespassed into the godown owned by the defacto complainant and threatened him by using a sword and demanded an amount of Rs.3 Lakhs and then attacked the driver of the defacto complainant and manhandled him. Thereafter, they damaged tyres of three lorries and one JCB kept inside the godown compound. It is further submitted that serious overtact of using the sword is on the 1st petitioner. It is further submitted that the 1st petitioner, who is the 1st accused in this crime, is involved in seven other criminal cases and the 2nd and 3rd petitioners also have criminal antecedents. As per the prosecution allegation, the alleged criminal act was committed by the petitioners demanding Rs.3 Lakhs from the defacto complainant who is running a business and the allegations are very serious.

Having regard to the facts and circumstances of the case, considering the serious nature of the allegations and considering the fact that the 1st petitioner is involved in seven other cases and the fact that serious overtacts are alleged against him, I am not inclined to grant bail to the 1st petitioner. As regards the 2nd and 3rd petitioners, I am inclined to grant bail to them subject to stringent conditions. In the result, the bail application is allowed in part. It is directed that the 2nd and 3rd petitioners shall be released on bail, subject to the following conditions:

(i) The 2nd and 3rd petitioners shall execute a bond for a sum of Rs.50,000/- (Rupees fifty thousand only) each, with two solvent sureties each for the like-sum to the satisfaction of the jurisdictional court;

(ii) The 2nd and 3rd petitioners shall appear before the investigating officer in Crime No.1744/2022 of Thiruvalla Police Station, Pathanamthitta on every Saturday at 11 am, until filing of final report;

(iii) The 2nd and 3rd petitioners shall not attempt to interfere with the investigation or to influence or intimidate the defacto complainant or any witness in Crime No.1744/2022 of Thiruvalla Police Station, Pathanamthitta;

(iv) The 2nd and 3rd petitioners shall not enter the local limits of the Thiruvalla police station for a period of three months, except for the purpose of complying with condition No.(ii) above or for complying with any court proceedings;

(v) The 2nd and 3rd petitioners shall not involve in any other crime while on bail.

If any of the aforesaid conditions are violated, the investigating officer in Crime No.1744/2022 of Thiruvalla Police Station, Pathanamthitta station may file an application before the jurisdictional court, for cancellation of bail.