Jinith Baby vs State Of Kerala

A.Badharudeen, J

This is an application for regular bail filed under Section 439 of the Criminal Procedure Code by the first accused in Crime No.69 of 2023 of Kuruppumpady Police Station, Ernakulam where, the accused alleged to have committed offence punishable under Section 395 of the Indian Penal Code.

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

I have perused the Case Diary as such produced by the learned Public Prosecutor.

The prosecution case is that, at about 19.30 hours on 05.02.2023, accused Nos.2 to 6, who are the friends of the first accused, reached at Nedungapara Shappumpady junction, in a Swift car bearing Registration No.KL/40-U-3771 owned by the third accused and assaulted the defacto complainant and his friend one Mr.Berly Lasser, while they were sitting on the corridor area of a building and robbed the mobile phone worth Rs.16,000/- and cash Rs.1,800/- belonged to the defacto complainant, on the allegation that the first accused failed to pay Rs.5,000/- towards the price of paint purchased by one Prinson Joseph from the shop of the first accused on credit basis. On this premise, the prosecution alleges commission of the above offence.

While pressing for grant of regular bail to the petitioner who has been in custody from 06.02.2023, the learned counsel for the petitioner would submit that the entire allegations are false. Highlighting the fact that the petitioner is a first time offender and the entire case emanated on the premise of non-payment of Rs.5,000/-by the first accused to the defacto complainant, the learned counsel pursued regular bail.

The learned Public Prosecutor opposed bail and pointed out that the available materials would substantiate prima facie case and therefore, the petitioner, who has been in custody from 06.02.2023, cannot be released at the extreme primitive stage of investigation.

I have gone through the case diary and the report of the Investigating Officer. In the report of the Investigating Officer, it has been reported that the first accused sent the other accused to the defacto complainant and robbed his mobile phone worth Rs.16,000/- and cash Rs.1,800/- from the defacto complainant. Further, it is pointed out that the third and fourth accused in this crime are habitual offenders. The third accused has involvement in the following crimes;

Kuruppamapady PS Crime. 866/2020 U/s.143, 147, 148, 323, 324, 308, 427 r/w 149 IPC. Kuruppamapady PS Crime.267/2022 U/s.279 IPC.

Kuruppamapady PS Crime.884/2022 U/s.15(C) Abkari act.

Kuruppamapady PS Crime.1035/2022 U/s.279 IPC & 185 MV Act.

Kodanad PS Crime.929/2021 U/s.447, 294(b), 506(i), 427 IPC.

The fourth accused has involvement in the following crimes;

Kuruppamapady PS Crime.160/2022 U/s.279 IPC.

Kuruppamapady PS Crime.1036/2022 U/d.6(b) COTPA.

Anyhow, no antecedents reported in relation to the first accused/petitioner. Eventhough the allegations are well made out prima facie, having noticed the progress of investigation and the custody of the petitioner from 06.02.2023, I am inclined to release him on bail on conditions.

In the result, this petition stands allowed and he is released on bail on the following conditions:

i. The petitioner shall be released on bail on his executing bond for Rs.30,000/- (Rupees Thirty Thousand Only) with two solvent sureties, each for the like amount to the satisfaction of the Jurisdictional court concerned.

ii. The petitioner shall not intimidate the witnesses or tamper with evidence. He shall co-operate with the investigation and shall be available for trial.

iii. The  petitioner  shall  appear  before  the Investigating Officer as and when directed, till the investigation is over.

iv. The petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of this case, so as to dissuade him from disclosing such facts to the court or to any police officer.

v. The petitioner shall not involve in any other offence during the currency of bail and any such event, if reported or came to the notice of this court, the same shall be a reason to cancel the bail hereby granted.