Ibru @ Ibrahimkutty vs State Of Kerala

Shircy V, J

Application for regular bail filed under Section 439 of the Code of Criminal Procedure.

The petitioner is the first accused in Crime No.248 of 2021 of Nedumbassery Police Station registered for the offences punishable under Sections 323, 347, 356, 357,365, 395, 212 read with Section 34 of the Indian Penal Code.

The first petitioner has been in custody since 19.4.2021.

The allegation is that the tenth accused, on getting information that the defacto complainant who is coming to Nedumbassery International Airport from abroad is carrying gold and so with the intention to robe the same, he contacted the 18th accused and all of them waited near the Airport and when the defacto complainant reached the Airport they kidnapped him and took him in a taxi hired by them and then took him to a lodge at Perumbavoor with the intention to robe his gold ornaments. There they have robed his money, sunglass, wrist watch etc. But no gold was found in his possession.

Heard the learned counsel for the petitioner as well the learned Public Prosecutor.

The learned counsel for the petitioner has submitted that the petitioner has absolutely no criminal antecedents and he is totally innocent. But he is undergoing incarceration for the last more than one month.

It is also submitted by the learned counsel for the petitioner that some of the accused persons have already been granted bail by this Court.

The learned Public Prosecutor has fairly submitted that the investigation of the case is well in progress though some of the accused persons are yet to be apprehended.

Having regard to the nature of accusations levelled against these petitioner, the alleged involvement of the petitioner in the crime, the other facts and circumstances involved in this case, I think that further detention may not be required for the Investigating Agency to proceed with the investigation. Therefore, this petition can be allowed subject to the following conditions.

(i) The petitioner shall be released on bail executing bond for a sum of Rs.1,00,000/- (Rupees one lakh only) with two solvent sureties for the like sum each to the satisfaction of the court having jurisdiction.

(ii)The petitioner shall appear before the Investigating Officer for interrogation on all Tuesdays and Fridays between 10.a.m and 11.a.m.

(iii) The petitioner shall surrender his original passport before the court concerned. If he is not having a passport, he shall file an affidavit regarding the same before the court, within a week of his release on bail.

(iii) The petitioner 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 or tamper with the evidence.

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

In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with the law.