High CourtsSingle Bench

Vishnu vs State Of Kerala

High Court Of Kerala · Decided on 1 July 2022 · Citation: (2022) 07 KL CK 0016

HON’BLE JUDGES
C.S.Sudha, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 439 · Indian Penal Code, 1860 — Section 365, 394, 395
RESULT
Allowed
CASE NUMBER
Bail Application No. 4859 Of 2022
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Judgment

15 paragraphs · 390 words

C.S. Sudha, J.

1.

These applications are filed u/s 439 Cr.P.C. seeking regular bail.

2.

The petitioners are accused Nos.3, 5 and 6 in Crime No.566/2022 of Palarivattom Police Station, alleging the commission of the offences punishable under Sections 394, 395 and 365 IPC.

3.

The prosecution case is that the accused on 02.06.2022 at about 11.30 a.m., abducted Shibu, the friend of the informant and extorted an amount of `1,500/- and also took away his motorbike. Hence the accused are alleged to have been committed the offences punishable under the above mentioned sections.

4.

The bail application is opposed by the learned Public Prosecutor on the ground that the offences committed are serious and that investigation is still going on.

5.

Heard both sides.

6.

It is seen from the records that the accused have been in custody from 03.06.2022 onwards. It is submitted that the vehicle which is alleged to have been taken away by the accused as well as the weapon used for attacking the injured, have been recovered. Further detention of petitioners/accused 3, 5 and 6 does not appear to be necessary. In the facts and circumstances, the bail is granted on stringent conditions.

In the result, the application is allowed on the following conditions:-

(i) The petitioners shall be released on bail on executing a bond for `1,00,000/- (Rupees One lakh only) with two solvent sureties for the like sum each to the satisfaction of the jurisdictional Magistrate/Court.

(ii) The petitioners shall fully co-operate with the investigation.

(iii) The petitioners shall appear before the investigating officer between 10.00 a.m and 1 p.m on all Mondays and Fridays till the investigation is over. The petitioners shall also appear before the investigating officer as and when required by him.

(iv) The petitioners shall not commit any offence of like nature while on bail.

(v) The petitioners shall not make any attempt to contact any of the prosecution witnesses, directly or through any other person, or in any other way tamper with the evidence or influence any witnesses or other persons related to the investigation.

(vi) The petitioners shall not leave the State of Kerala without the permission of the trial Court.

It is also made clear that if any of the condition(s) of bail is violated, the investigating officer is at liberty to move the court concerned.