AI Structured Summary
Not yet generated for this judgment
Judgment
This application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking regular bail.
The applicant is the accused No.3 in Crime No.193/2025 of Kozhinjampara Police Station, Palakkad District. The offences alleged are punishable under Sections 126(2), 115(2), 351(2), 310(2), 61(1)(a) and 111(1)(i), (ii), (3) of the Bharatiya Nyaya Sanhita, 2023.
The prosecution case, in short, is that the applicant along with other accused, conspired and on 12.03.2025 on the false pretext of conducting some rituals, invited the defacto complainant to a rented house situated at Kallandichalla and on the arrival of defacto complainant, some accused persons locked the defacto complainant in a room, forcefully undressed him, took nude photos of the defacto complainant and the accused No.2 in the mobile phone of the accused and thereafter 4 sovereigns of Rudraksha gold chain, mobile phone worth Rs. 12,000/- and cash of Rs.2,000/- were robbed and thereafter the accused threatened the defacto complainant that they will send the nude photos to his relatives and local people and demanded a ransom of Rs.20,00,000/-. The applicant helped other accused for the commission of the crime and thus, committed the aforementioned offences.
I have heard Sri.Jissmon A Kuriakose, the learned counsel for the applicant and Smt.Aneeda Beegum, the learned Senior Public Prosecutor. Perused the case diary.
The learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case. The counsel further submitted that no materials are on record to connect the applicant with the alleged crime; hence, he is entitled to bail. On the other hand, the learned Senior Public Prosecutor submitted that the alleged incident occurred as a part of the intentional criminal acts of the applicant, and he is not entitled to bail at this stage.
The applicant was remanded to judicial custody on 16.11.2025. The investigation is over and the final report has already been filed. It is true that the applicant has criminal antecedents. However, considering the period of detention already undergone by the applicant and the fact that the final report has already been filed, I am of the view that the applicant can be granted bail. Hence, the applicant is entitled to be released on bail.
In the result, the application is allowed on the following conditions: -
The applicant shall be released on bail on executing a bond for Rs.1,00,000/- (Rupees One lakh only) with two solvent sureties for the like sum each to the satisfaction of the jurisdictional Magistrate/Court.
The applicant shall not commit any offence of a like nature while on bail.
The applicant shall not attempt to contact any of the prosecution witnesses, directly or through any other person, or in any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation.
The applicant shall not leave the State of Kerala without the permission of the trial Court.
The applicant shall not enter into the jurisdictional limits of the Kozhinjampara Police Station, Palakkad district, until further orders.
The application, if any, for deletion/modification of the bail conditions or cancellation of bail on the grounds of violating the bail conditions shall be filed at the jurisdictional court.