Rakesh vs State Of Kerala

P.G. Ajithkumar, J

This is an application for bail filed under Section 439 of the Code of Criminal Procedure, 1973.

The petitioner is the 4th accused in Crime No.1534 of 2023 of Perumbavoor Police Station. The offences alleged are punishable under Sections 511 of 364A and 395 of the Indian Penal Code.

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

The prosecution allegation is on 07.10.2023 at about 3.00 pm, the petitioner along with the remaining accused forcibly attempted to abduct the defacto complainant by taking him in a car and threatened him with the intention of extorting money. It is further alleged that the applicants and other accused obtained Rs.1 lakh from him and forcibly got executed a sale letter of Innova Car of the defacto complainant in favour of the accused No.1.

The petitioner would contend that he did not involve in the alleged crime and without any material or evidence, he has been implicated in the crime. He is innocent. The investigation in the matter has been progressed considerably and there is no reason or justification for his further detention.

The Sub Inspector of Police, Perumbavoor Police Station has submitted a report, through the learned Public Prosecutor, objecting the grant of bail to the petitioner.

Going by the allegations in the First Information statement and also the materials available on record, the role of the petitioner is to aid the first accused in getting the sale note executed. It is true that the petitioner has involved in another crime involviing an offence under Section 307 of the IPC which is pending trial. Accused Nos.1, 2 5 and 6 have already been granted bail by this Court. The petitioner has been in custody since 10.10.2023. The investigation is at its fag end.

Considering the aforesaid aspects, I am of the view that the further detention of the petitioner is unnecessary and the petitioner is entitled to be released on bail subject to conidtions.

In the result, the bail application is allowed and the petitioner is granted bail on his executing a bond for Rs.50,000/- (Rupees fifty thousand only), with two solvent sureties for the like amount each, to the satisfaction of the learned Magistrate, subject to the following conditions:

(i) He shall not influence or intimidate witnesses or tamper with evidence;

(ii) He shall appear before the investigating officer as and when called for; and

(iii) During the bail period, he shall not get involved in any offence.

In case of breach of the bail conditions, the prosecution shall be at liberty to apply for cancellation of the bail before the jurisdictional court.