Vinay vs State Of Kerala

Viju Abraham, J

This is an application for regular bail.

The petitioners are the accused Nos. 4 to 6 in Crime No. 833/2022 of Palakkad Town South Police Station, Palakkad district alleging commission of offences punishable under Sections 341, 324, 506 (i), 394, 365 r/w Section 34 of the Indian Penal Code.

The prosecution case is that in between 27.08.2022 at 21:30 hrs and 28.08.2022 at 03:00 hrs, the accused No.2 in further of their common intention with the other accused, invited the defacto complainant to Palakkad where accused Nos. 1 to 4 wrongfully restrained him and took the photographs of accused No. 2 and the defacto complainant together, accused No.3 beat him with stone and accused Nos. 1 and 4 threatened him. Accused No.1 hit on his hand and head, snatched various items from him.

Petitioners submitted that they are totally innocent of the charges leveled against them and further submitted that they are in custody from 29.08.2022. It is also submitted that they have no other criminal antecedents.

Heard the learned counsel for the petitioners and the learned Public Prosecutor.

Learned Public Prosecutor opposed the application for bail mainly contenting that the petitioners herein have an active role in restraining the defacto complainant and the car and the gold chain lost from the defacto complainant were recovered based on the statement of the 1st petitioner herein, who is the 4th accused in the crime. The learned Public Prosecutor further submitted that the petitioners have no other criminal antecedents.

Considering the facts and circumstances of the case and the nature of allegation, and that the petitioners are in custody from 29.08.2022 onwards and that they have no other criminal antecedents, I am inclined to grant bail to the petitioners.

In the result, the bail application is allowed and it is ordered that the petitioners shall be released on bail on the following stringent conditions:

(i) The petitioners shall execute bonds for a sum of Rs.50,000/- (Rupees fifty thousand only) each with two solvent sureties each for the like-sum to the satisfaction of the jurisdictional court;

(ii) Petitioners shall appear before the investigating officer in Crime No. 833/2022 of Palakkad Town South Police Station, on every Saturday at 11 am till filing of final report;

(iii) The petitioners shall not attempt to interfere with the investigation or to influence any witness in Crime No. 833/2022 of Palakkad Town South Police

(v) The petitioners shall not involve in any other crime while on bail.

If any of the aforesaid conditions are violated, the investigating officer in Crime No. 833/2022 of Palakkad Town South Police Station, may file an application before the jurisdictional court, for cancellation of bail.