Shinto Martin vs State Of Kerala

Gopinath P., J.

The petitioner is the 2nd accused in Crime No.946 of 2021 of Nedumbassery Police Station alleging commission of offences under Sections 294(b),

387 and 506 r/w 34 of IPC. The allegation against the petitioner is that on 12.11.2021 at about 3 pm, the petitioner, along with the 1st accused entered

the Kabani Bar at Nayathodu and attempted to extort money and liquor by threatening the Manager of the Bar. It is alleged that the petitioner and the

1st accused compelled the Manager of the Bar to speak with accused No.3, who demanded payment of an amount of Rs.1,00,000/- from the

Manager of the Kabani Bar.

The learned counsel for the petitioner submits that the entire case was cooked up owing to a dispute between the first accused and a bearer in the

Bar. It is submitted that no such incident of extortion has taken place and following an altercation with the staff of the Bar Hotel, petitioner had left the

place. It is submitted that the petitioner has been in custody from 12.11.2021 and had therefore completed 55 days in custody as on date. It is also

submitted that further detention of the petitioner is not necessary for the purpose of investigation of the case.

Learned Public Prosecutor, on instructions, submits that the petitioner/2nd accused had accompanied the first accused to the Bar and had attempted

to extort money and liquor from the Manager of the Bar. It is also submitted that all the accused in the case including the petitioner herein have

criminal antecedents.

Having regard to the facts and circumstances of the case, and considering the fact that the petitioner has been in custody for more than 55 days

and his further detention is not necessary for the purpose of investigation, I am of the opinion that the petitioner can be granted bail, subject to

conditions.

In the result, this bail application is allowed. The petitioner shall be released on bail, subject to the following conditions:-

i)The petitioner shall execute a bond for a sum of 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 appear before the Investigating Officer in Crime No.946 of 2021 of Nedumbassery Police Station on every Saturday at 11 am until further orders;

iii) The petitioner shall not attempt to interfere with the investigation, influence or intimidate the de facto complainant or any witness in Crime No. 946 of 2021 of

Nedumbassery Police Station;

iv) The petitioner shall not enter the local limits of the Nedumbassery Police Station except for the purpose of complying with condition No(ii)

above;

v) The petitioner shall surrender his passport before the jurisdictional Court. If the petitioner does not have a passport, he shall execute an affidavit to that effect and

file the same before the jurisdictional Court within seven days of release on bail;

vi) The petitioner shall not involve in any other crime while on bail.

If any of the conditions are violated, the Investigating Officer in Crime No.946 of 2021 of Nedumbassery Police Station may file an application before

the jurisdictional Court for cancellation of bail.