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Judgment
C.S. Sudha, J.
This is an application filed u/s 439 Cr.P.C. seeking regular bail.
The petitioner is accused No.8 in Crime No.1171/2022 of Muvattupuzha Police Station. The offences alleged are punishable under Sections 341, 427, 398 and 120(B) of Indian Penal Code.
The prosecution case is that accused 8 in number on 28.04.2022 at 9.30 p.m. wrongfully restrained and attempted to commit robbery by trying to take away an amount of `1,50,000/-, that was inside the car of the informant. Thus the accused are alleged to have committed the offences punishable under above mentioned sections.
The bail application is opposed by the learned Public Prosecutor on the ground that the investigation is still going on.
Heard both sides.
The allegation against the petitioner/8th accused is that he is the master mind behind the crime, who had given necessary instructions to the remaining accused. It is seen that the petitioner/8th accused has been arrested on 07.06.2022 and he has been custody since then. The incident is alleged to have been taken place on 28.04.2022 at 9.30 p.m., whereas the First Information Statement is seen recorded only on 02.05.2022 at 10.30 p.m. for which delay, no reasons are given.
The car in question in which the accused were travelling is stated to have been seized and also the iron rod alleged to have been used for damaging the car of the informant. The investigation has progressed to a considerable extent. Further detention of the petitioner/8th accused does not seem to be necessary and hence bail is granting on the following conditions:
In the result, the application is allowed on the following conditions:-
(i) The petitioner 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 petitioner shall fully co-operate with the investigation.
(iii) The petitioner shall appear before the investigating officer between 10.00 a.m and 11.00 a.m on Saturday until further orders. The petitioner shall also appear before the investigating officer as and when required by him.
(iv) The petitioner shall not commit any offen
�to contact any of the prosecution witnesses, directly or through any other person, or in any way try to tamper with the evidence or influence any witnesses or other persons related to the investigation. ce of like nature while on bail.
(v) The petitioner shall not make any attempt
(vi) The petitioner shall not leave the State of Kerala without the permission of the trial Court.