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Judgment
A. Badharudeen, J
This is a petition filed under Section 438 of the Code of Criminal Procedure, seeking pre-arrest bail and petitioners are accused Nos. 2 and 5 in crime No.10/2022 of Fort Kochi Coastal Police Station, Ernakulam.
Heard the learned counsel for the petitioners as well as the learned Public Prosecutor. Perused the relevant documents form part of the case diary, produced by the learned Public Prosecutor.
The prosecution case is that, at about 23.30 hours on 12.05.2022, the accused herein committed robbery by forcefully taking the boat owned by the defacto complainant and thereby committed the offences punishable under Sections 395 and 363 of IPC.
At the time of considering this bail application, the learned counsel for the petitioners would submit that, as per Annexure.XII order in B.A.No. 3868 of 2022 dated 18.07.2022, this Court granted anticipatory bail to the 1st accused and therefore the petitioners also may be given similar treatment by granting anticipatory bail, since their complicity is at par with that of the 1st accused.
The learned Public Prosecutor opposed grant of bail to the petitioners, highlighting the seriousness of the offences.
It appears that the 1st accused in this crime was granted anticipatory bail by this Court as per Annexure.XII order and therefore without going to the merits of the case applying the same principles, the petitioners also liable to granted anticipatory bail to avoid different treatment for accused of the same status.
Therefore, I am inclined to enlarge the petitioners on anticipatory bail, with direction to the petitioners to surrender before the Investigating Officer for the purpose of interrogation and to aid the investigation.
Therefore, this petition stands allowed. The petitioners are enlarged on pre-arrest bail on conditions:
i. The petitioners shall surrender before the Investigating Officer within ten days from today and on such surrender, the Investigating Officer can question the petitioners and record their statement, if necessary. In the event of their arrest, the Investigating Officer shall produce the petitioners before the Jurisdictional Court on the date of arrest itself.
ii. On such production, Jurisdictional Court shall release the petitioners on bail, on executing bond for Rs.30,000/- (Rupees Thirty thousand) each, by themselves and by two sureties, each for the like sum to the satisfaction of the Jurisdictional Court.
iii. The petitioners shall co-operate with investigation and shall be made available for interrogation and for the purpose of investigation, as and when the Investigating Officer directs so.
iv. The petitioners, shall not, intimidate the witnesses or interfere with the investigation in any manner.
v. The petitioners shall not commit any offence during currency of this bail and any such involvement is a reason to cancel the bail hereby granted.