Yedhu C. S vs State Of Kerala

Mohammed Nias C.P, J.

These applications are filed under Section 439 of the Code of Criminal Procedure, seeking regular bail.

Accused No.2 filed B.A.No.9506/2023, and accused No.3 has filed B.A.No.9515/2023. The petitioners are accused Nos.2 and 3, respectively, in Crime No. 713/2023 of Kalady Police Station, Ernakulam District, for having allegedly committed offences punishable under Sections 365, 395, 323 & 506 of the Indian Penal Code.

The prosecution case is that the accused Nos. 1 to 6 entertained a common intention to kidnap the defacto complainant and commit dacoity. In furtherance of common intention, at 2 pm on 06.09.2023, accused No.1 required the defacto complainant to reach in front of the Rajagiri Hospital, Chunagamvelli. When he reached there, accused Nos. 1 and 2 kidnapped him and brought him to a rubber plantation near Malayatoor. Accused Nos.1 to 6 threatened him. Accused No.1 hit on his backside, causing pain and obtained Rs.1400/-via google pay. Then, accused No.1 took out the mobile phone of the defacto complainant and compelled him to transfer Rs. 56,500/- using a credit card and pin number by threatening him and thereby committed the offence.

The learned counsel appearing for the petitioners would say that the petitioners are innocent and falsely implicated with ulterior motives. At any rate, he points out that the petitioners have been in custody since 09/09/2023, and continued custody of the petitioners is unnecessary.

The learned public prosecutor opposed the petitions and pointed out that the petitioners were not entitled to bail.

After considering the rival submissions and considering the allegations against the petitioners, that the petitioners have been in custody since 09/09/2023 and also since there is no apprehension raised by the prosecution that if released on bail, the petitioners are likely to abscond and the fact that accused Nos.4 and 5 already granted bail, I hold that bail can be granted to the petitioners more so when no other criminal antecedents have been reported against the petitioners.

Accordingly, these applications are allowed, and the petitioners granted bail subject to the following conditions:-

(i) The petitioners shall be released on bail on 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 jurisdictional court;

(ii) The petitioners shall report before the Investigating Officer as and when directed.

(iii) The petitioners shall not tamper or attempt to tamper with the evidence or influence or try to influence the witnesses.

(iv) The petitioners shall not be involved in any other crime while on bail or leave India without the prior permission of the Court concerned.

If any of the conditions are violated, the court concerned shall be empowered to take steps for cancellation of bail as per law.