Aashiq Shabeer vs State Of Kerala

Mohammed Nias C.P., J

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

The petitioner is the fourth accused in Crime No. 78/2024 of Railway Police Station, Ernakulam, for having committed offences punishable under Section 395 of the Indian Penal Code and Section 147 of the Indian Railway Act.

The allegation is that, on 6.3.2024 at 9.00 P.M., while the defacto complainant was waiting at the southern end of Platform No.1 of Aluva Railway Station, the petitioner along with four other accused persons restrained him, threatened to kill him and snatched his mobile phone and ATM card and thus committed the abovesaid offences.

The learned counsel for the petitioner submits that the petitioner is innocent of the allegations levelled against him and has been falsely implicated in the crime. At any rate, he points out that the petitioner has been in custody since 7.3.2024, and the continued custody of the petitioner is unnecessary.

The learned Public Prosecutor opposed the petition.

I have heard both sides.

Taking note of the fact that the alleged incident was on 6.3.2024 at 9.00 P.M. and the FIR was lodged only on 7.3.2024 at 2.30 P.M. and also, that the fifth accused has been granted bail by the Sessions Court and that, the petitioner was arrested on 7.3.2024, there are no other antecedents reported against him, and also since the prosecution has raised no apprehension of the petitioner absconding if he is released on bail, I am inclined to grant bail to the petitioner.

Accordingly, this application is allowed, and the petitioner is granted bail subject to the following conditions:-

i. The petitioner 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 court having jurisdiction;

ii. The petitioner shall fully cooperate with the trial and shall attend the Court on all posting dates except when his absence is permitted by the court concerned;

iii.The petitioner shall not intimidate or attempt to influence the witnesses, nor shall he tamper with the evidence or do anything that might adversely affect the trial;

iv.The petitioner shall not commit any offence while on bail;

v. The petitioner shall not leave the country without the permission of the Court having jurisdiction;

vi.In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation of bail and pass appropriate orders in accordance with law.