Shiril vs State Of Kerala

Shircy V, J

Application for regular bail filed under Section 439 of the Code of Criminal Procedure.

The petitioners are the accused Nos.3 and 7 in Crime No.248 of 2021 of Nedumbassery Police Station registered for the offences punishable under

Sections 323, 347, 356, 357,365, 395, 212 read with Section 34 of the Indian Penal Code.

The first petitioner has been in custody since 22.4.2021 and the second petitioner from 21.4.2021.

The allegation is that the tenth accused, on getting information that the defacto complainant who is coming to Nedumbassery International Airport

from abroad is carrying gold and so with the intention to robe the same, he contacted the 18th accused and all of them waited near the Airport and

when the defacto complainant reached the Airport they kidnapped him and took him in a taxi hired by them, driven by the first petitioner and then took

him to a lodge at Perumbavoor with the intention to robe his gold ornaments. There they have robed his money, sunglass, wrist watch etc. But no gold

was found in his possession.

Heard the learned counsel for the petitioners as well the learned Public Prosecutor.

The learned counsel for the petitioners has submitted that the petitioners have absolutely no criminal antecedents and in fact the first petitioner who

was residing abroad for a pretty long time is now engaged with the job of a driver. The car belongs to him was hired by the other accused. But he was

not having any intention to commit the alleged offence or to indulge in the alleged criminal or illegal activities. But unfortunately he has been booked by

the police. So also, the other petitioners are totally innocent. But they are undergoing incarceration for the last more than one month.

It is also submitted by the learned counsel for the petitioners that some of the accused persons have already been granted bail by this Court.

The learned Public Prosecutor has fairly submitted that the investigation of the case is well in progress though some of the accused persons are yet

to be apprehended.

Having regard to the nature of accusations levelled against these petitioners, the alleged involvement of these petitioners in the crime, the other

facts and circumstances involved in this case, I think that further detention may not be required for the Investigating Agency to proceed with the

investigation. Therefore, this petition can be allowed subject to the following conditions.

(i) The petitioners shall be released on bail executing bond for a sum of Rs.1,00,000/- (Rupees one lakh only) with two solvent sureties for the like sum each to the

satisfaction of the court having jurisdiction.

(ii) The petitioners shall appear before the Investigating Officer for interrogation as and when required by him, in writing, till filing of the final report.

(iii) The petitioners shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him

from disclosing such facts to the court or to any police officer or tamper with the evidence.

(iv) The petitioners shall not commit any offence while on bail.

In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with the law.