Sreejith 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 8th accused in Crime No. 707/2023 of Palakkad Kasaba Police Station, Palakkad District, for having allegedly committed offences punishable under Sections 394 and 395 of the Indian Penal Code.

The crime was registered on the basis of the allegation that some of the accused persons obstructed the vehicle driven by the defacto complainant on 29.07.2023 at 3 a.m. and with an intention to commit the dacoity while they were travelling through Palakkad, Coimbatore Road, and according to the prosecution the accused persons stealthily removed Rs 4,50,00,000/- kept in a secret chamber and also took away three mobile phones and thereby committed the offence.

The learned counsel appearing for the petitioner would say that the petitioner is innocent and falsely implicated with ulterior motives. At any rate, he points out that the petitioner is in custody since 06/08/2023, and continued custody of the petitioner is unnecessary.

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

After having considered the submissions and taking into account the fact that the petitioner has been in custody since 06/08/2023 and that the 4th accused has been granted bail by this Court in B.A.No.7286/2023 dated 26/09/2023, I hold that bail can be granted to the petitioner.

Accordingly, 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 directed.

(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 or leave India without the prior permission of the Court concerned.

(v) The petitioner shall surrender his passport, if any, within seven days from the date of his release before the Court concerned, and if the release of the passport is required at the later period, the petitioner shall be at liberty to move an appropriate application for the same before the court having jurisdiction. If he has no passport, he shall file an affidavit to that effect before the court concerned on the date of execution of the bond or within three days thereafter.

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