Sreejith @ Vela vs State Of Kerala

Bechu Kurian Thomas, J.

This is an application seeking regular bail filed under Section 439 of the Code of Criminal Procedure, 1973.

Petitioners are accused 1,2 and 4 in Crime No.178/2023 of Meenakshipuram Police Station, Palakkad District. The offences alleged against the petitioners are under Sections 120B, 365, 394, 395. 212, 109, 118 and 201 of the Indian Penal Code, 1860.

According to the prosecution, pursuant to a criminal conspiracy, the accused travelled in different vehicles and intercepted a bus and abducted the defacto complainant and thereafter robbed his gold ornaments worth Rs.30 lakhs and also snatched away his mobile phone and thereby committed the offences alleged.

Sri.VishnuPrasad Nair, learned Counsel for the petitioners contended that accused Nos.1 and 2 were arrested on 29.03.2023, while the 4th accused was arrested on 31.03.2023 and that, till date, final report has not yet been filed and hence petitioners are entitled for statutory bail.

Smt.Sreeja.V. learned Public Prosecutor on the other hand opposed the grant of bail and submitted that even though the final report has not yet been filed, petitioners are involved in several criminal cases. It was pointed out that 1st petitioner is involved in 6 criminal cases, while the 2nd accused is involved in 5 criminal cases and 4th accused is involved in four other criminal cases.

Since petitioners have been in custody for more than 90 days and the final report has not yet been filed, they are entitled to the benefit of statutory bail contemplated under Section 167(2)(a)(i) of Cr.P.C.

In the above circumstances, this application is allowed on the following conditions:-

(a) Petitioners shall be released on bail on them executing a bond for Rs.50,000/- (Rupees fifty thousand only) each with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction.

(b) Petitioners shall appear before the Investigating Officer as and when required.

(c) Petitioners shall not intimidate or attempt to influence the witnesses; nor shall they tamper with the evidence.

(d) Petitioners shall not commit any similar offences while they are on bail.

(e) Petitioners shall not leave India without the permission of the Court having jurisdiction.

In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law, notwithstanding the bail having been granted by this Court.