Ismayil vs State Of Kerala

K. Babu, J

This is an application filed under Section 439 of the Code of Criminal Procedure.

The petitioners are accused Nos.1 and 3 respectively in Crime No.563/2021 registered by Nattukal Police Station, Palakkad District. The offences alleged against the petitioners are punishable under Sections 143, 147, 148, 452, 323, 324, 307, 392 and 363 read with Section 149 of the Indian Penal Code.

The prosecution case is that on 19.12.2021 at about 08.15 P.M. the petitioners and the other accused formed themselves into an unlawful assembly armed with deadly weapons and tresspassed into the residence of the defacto complainant and committed robbery of Rs. 7,32,000/- and a cheque. It is further alleged that the petitioners and the other accused inflicted injuries to the defacto complainant.

Heard the learned counsel for the petitioners and the learned Public Prosecutor.

The petitioners were arrested on 17.10.2022 and they have been in judicial custody since then.

The learned counsel for the petitioners submitted that the investigation is almost in the final stage and further detention of the petitioners is not required.

The learned Public Prosecutor opposed the bail plea of the petitioners contending that the investigation is yet to be completed. Accused No.2 in this case was ordered to be released on bail as per order dated 25.01.2022 in Bail Application No. 521 of 2022.

Perused the materials placed before the Court. Having regard to the stage of investigation and the tenure of judicial custody undergone by the petitioners, I hold that the petitioners are entitled to be released on bail on conditions.

In the result, the Bail Application is allowed as follows:

(a) The petitioners shall be released on bail on their executing bond for Rs.50,000/- (Rupees Fifty Thousand Only) each with two solvent sureties each for the like sum to the satisfaction of the jurisdictional court.

(b) The petitioners shall appear before the Investigating Officer on Mondays and Saturdays between 10 A.M. and 11 A.M. till the final report is filed.

(c) The petitioners shall not try to influence the prosecution witnesses or attempt to tamper with the evidence.

(d) The petitioners shall not attempt to interfere with the process of investigation or influence or intimidate the defacto complainant or any witnesses.

(e) The petitioners shall not involve in any other crime while on bail.