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Judgment
This application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking regular bail.
The applicant is the accused No.2 in Crime No.819/2026 of Angamali Police Station, Ernakulam District. The offence alleged is punishable under Section 111(3) of the Bharatiya Nyaya Sanhita, 2023.
The prosecution case, in short, is that, on 28.07.2026, the accused No.6 received information that money was being transported in a vehicle through the National Highway. On the basis of that information, the applicant along with the accused Nos.1 and 3 to 7 entered into a conspiracy to commit dacoity and rob the said money. In furtherance of the common object of the organised crime syndicate, the applicant along with the accused Nos.1 and 3 proceeded in a car bearing registration No.KL-31-0111 on 28.07.2026 at 00:45 hours, armed with a knife, to commit dacoity. The accused Nos.8 and 9, with the intention of shielding the accused Nos.6 and 7 from punishment, helped them to hide and thereby the applicant committed the aforesaid offences.
I have heard Sri.Amaljith C. Anu, the learned counsel for the applicant and Sri.Thomas Sabu Vadakekut, the learned Public Prosecutor. Perused the case diary.
The learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case. The counsel further submitted that no materials are on record to connect the applicant with the alleged crime; hence, he is entitled to bail. On the other hand, the learned Public Prosecutor submitted that the alleged incident occurred as a part of the intentional criminal acts of the applicant, and he is not entitled to bail at this stage.
The applicant was remanded to judicial custody on 28.07.2026. The investigation is almost over. It is true that the applicant has several criminal antecedents. However, considering the nature of the allegations, the stage of the investigation and the period of detention already undergone by the applicant, I am of the view that the continued detention of the applicant is not required for any purpose. Hence, the applicant is entitled to be released on bail.
In the result, the application is allowed on the following conditions: -
The applicant shall be released on bail on executing a bond for Rs.1,00,000/- (Rupees One lakh only) with two solvent sureties for the like sum each to the satisfaction of the jurisdictional Magistrate/Court.
The applicant shall fully co-operate with the investigation.
The applicant shall appear before the investigating officer between 10.00 a.m and 11.00 a.m. every Saturday until further orders. He shall also appear before the investigating officer as and when required.
The applicant shall not commit any offence of a like nature while on bail.
The applicant shall not attempt to contact any of the prosecution witnesses, directly or through any other person, or in any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation.
The applicant shall not leave the State of Kerala without the permission of the trial Court.
The application, if any, for deletion/modification of the bail conditions or cancellation of bail on the grounds of violating the bail conditions shall be filed at the jurisdictional court.