Subi And Ors vs State Of Kerala

Petitioners are accused Nos.4 to 8 in Crime No.377/2021 of the Varkala Police Station for the offences punishable under Sections 341, 323, 364A, 325 and 397 of the Indian Penal Code, are in custody since 26.02.2021 and seek bail.

Prosecution allegation is that on 06.02.2021, at 10.40 p.m. the car in which the de facto complainant was travelling was intercepted and thereafter the 3rd accused punched the de facto complainant on his face causing fracture of the nasal bone and forcibly took him out of the car and abducted him. It is also the case of the de facto complainant that he was robbed of Rs.4,00,000/- and Rs.37,000/- kept in the purse of the de facto complainant along with his Rolex watch worth more than Rs.1,00,000/-. Petitioners were arrested on 26.02.2021 and they have been in custody for the last 42 days.

Learned Public Prosecutor has opposed the application.

Learned counsel submitted that the allegations are not true and the petitioners are in custody since 26.02.2021.

Petitioners are not reported to be involved in any other case from the Varkala Police Station. Having regard to the absence of any criminal antecedents and considering custody of the petitioners from 26.02.2021, I am inclined to grant bail to the petitioners but, subject to conditions:

Accordingly this application is allowed as under: Petitioners are granted bail in Crime No.377/2021 of the Varkala Police Station and they shall be released 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 jurisdictional Magistrate and subject to the following conditions:

(a) One of the sureties shall be a close relative of the petitioners.

(b) Petitioners shall report to the investigating officer once every two weeks on Saturdays between 10.00 am and 12.00 pm until filing of the final report.

(c) Petitioners shall report to the investigating officer as and when required for interrogation.

(d) Petitioners shall not involve themselves in any offence during the period of this bail.

(e) Petitioners shall not intimidate or influence the witnesses.

(f) In case condition nos.(b) to (e) are violated, it is open to the investigating officer to file appropriate application before the jurisdictional Magistrate for cancellation of the bail granted hereby.

The Bail Application is allowed as above.