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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.8 in Crime No.600/2026 of Anthikkad Police Station, Thrissur District. The offences alleged are punishable under Sections 310(2), 311, 115(2), 126(2), 317(3), 324(4), 294(b) and 61(2) r/w 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 25(1B) (b) of the Arms Act, 1956.
The prosecution case, in short, is that on 19.06.2026 at 20:45 p.m., the applicant and the accused Nos.1 to 7 in furtherance of their common intention, to commit an offence against the defacto complainant, while he was driving an Innova car bearing Reg No: KL-52-X0179 with his friends, for converting Rupee to Dollars for international stock trading through Binance app transaction, assaulted them while they were at Amalath Kulangara Durga Devi Temple, Painoor and the accused No.1 sprayed pepper spray into the eyes of the defacto complainant and his three accompanying friends, broke the door glasses, caused hurt on the leg of the defacto complainant and committed dacoity by robbing an amount of Rs.16,25,000/- transported for dollar conversion and an iPhone used by the defacto complainant. The applicant took charge as the driver of the Innova car bearing registration No KL30E6575 in which the accused persons travelled, took part in the dacoity, obtained a sum of Rs.1,25,000/- from other accused and thereby committed the aforementioned offences.
I have heard Sri.Amal Xavier, the learned counsel for the applicant and Smt.Aneeda Beegum, the learned Senior 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 Senior 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 11.08.2026. The investigation is almost over. No serious overt act has been attributed to the applicant. The only allegation against him is that he drove the vehicle in which the remaining accused travelled to commit the offences. For these reasons, I do not find any reason to hold that the continued detention of the applicant is 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.