Syed Nabeel Ahammed vs State Of Kerala

Bechu Kurian Thomas, J

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

Petitioner is the 5th accused in Crime No.507/2023 of Town South Police Station, Palakkad District, alleging offences punishable under Section 392 r/w Section 34 of the Indian Penal Code, 1860.

According to the prosecution, on 20.04.2023, while the defacto complainant was travelling in a scooter, the accused in furtherance of their common intention snatched away a bag from the defacto complainant containing large amounts of money after spraying pepper to his eyes and attempted to assault him with a hammer and thereby committed the offences alleged.

I have heard Sri. V.A.Johnson, the learned counsel for the petitioner as well as Smt. Sreeja.V, the learned Public Prosecutor.

Accused are alleged to have followed the defacto complainant in a car belonging to the petitioner and after spraying pepper to his face, snatched away a bag containing Rs.30,00,000/-after criminally intimidating him with a hammer.

Even  though  the  allegations  against  the  petitioner  are serious, considering the date of arrest which is on 04.05.2023 and taking into reckoning the period of detention already undergone, apart from the nature of overt act alleged against the petitioner, I am of the view that, further detention is not essential.

Accordingly, I allow this application on the following conditions:

a) Petitioner shall be released on bail on him 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 court having jurisdiction.

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

c) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence.

d) Petitioner shall not commit any similar offences while he is on bail.

e) Petitioner 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.