Husain vs State Of Kerala

G. Girish, J

This Bail Application is filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023.

The petitioner is the 3rd accused in Crime No.85 of 2025 of Narakkal Police Station, Ernakulam Rural, registered alleging offences punishable under Sections 309(4), 126(2), 296(b) and 351(2) of the Bharatiya Nyaya Sanhita (BNS), 2023.

The prosecution case is that, on 16.01.2025 at about 7.00 pm, while the defacto complainant and his girlfriend were sitting at Valappu Beach of Puthuvype Village, accused 1 to 3 wrongfully restrained the defacto complainant and verbally abused him and his girlfriend with obscene words and thereafter, the 3rd accused, who is the petitioner herein, robbed an amount of Rs.1,500/- from the defacto complainant by compelling him under physical torture to make payment of the said amount by Google Pay by scanning the QR Code shown by the 3rd accused.

The petitioner / 3rd accused was arrested on 17.01.2025 and remanded to judicial custody. In the present petition, the petitioner would contend that he is totally innocent and that he has been falsely implicated in this case.

Heard the learned counsel for the petitioner and the learned Public Prosecutor representing the State of Kerala.

The petitioner had earlier filed B.A.No.975 of 2025 before this Court, which was dismissed as withdrawn with liberty to file appropriate application before the jurisdictional court. The learned counsel for the petitioner submitted that the bail application so filed before the learned Magistrate, was dismissed as per Annexure-A3 order dated 29.01.2025.

As already stated above, the petitioner has been in custody since 17.01.2025. The investigation in this case is almost at the final stage. The statements of the key witnesses have already been recorded. There is no case for the prosecution that the petitioner is having any criminal antecedents.

Having regard to the present stage of the investigation as well as the facts and circumstances of the case, as borne out of the records, I deem it appropriate to grant regular bail to the petitioner subject to stringent conditions.

In the result, the bail application stands allowed with 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 jurisdictional Court.

ii. The petitioner shall appear before the Investigating Officer for interrogation as and when required. The petitioner shall co-operate with the investigation and shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer.

iii. Petitioner shall not leave India without permission of the jurisdictional Court.

iv. Petitioner shall not commit an offence similar to the offence of which he is accused, or suspected to have committed.

v. Petitioner  shall appear before the Investigating Officer on all Mondays at 10 A.M. for a period of three months from the date of his release, or till final report is filed, whichever be earlier.

vi. If any of the above conditions are violated by the petitioner,  the  jurisdictional Court can cancel the bail in accordance with law, even though the bail is granted by this Court. The prosecution and the defacto complainant are at liberty to approach the jurisdictional court to cancel the bail, if there is any violation of the above conditions.