Sanal V.S vs State Of Kerala

Gopinath P., J

This are applications for regular bail.

Petitioners in these bail applications are accused 2 and 4 in Crime No. 188 of 2022 of Thrissur Town East Police Station, Thrissur District, alleging commission of offence under Section 399 r/w Section 34 of the Indian Penal Code.

The allegation against the petitioners is that they along with the other accused in the case were found in a room in a bar, namely “Aramana Bar”, while they were planning to commit the offence of dacoity. It is alleged that a dummy gun and a pepper spray were recovered from the possession of the accused including the petitioners.

The learned counsel for the petitioners would submit that the petitioners have been wrongly implicated in the case. It is submitted that the petitioner in BA No. 1203 of 2022 was accused along with the 1st accused in this case in Crime No. 1128 of 2021 of Wadakkancherry Police Station, which involved an alleged scuffle and attack on the children of the de facto complainant in that case. It is further submitted that in that case, the petitioner in BA No. 1203 of 2022 was arrested and released on bail while the 1st accused, who is also the 1st accused in this case (Justin Jose), was absconding. It is submitted that the police had picked up the petitioner in BA No. 1203 of 2022 from the KSRTC bus stand and had questioned him regarding the whereabouts of the above Justin Jose and thereafter, picked up the petitioner in BA No. 1209 of 2022 from the road in front of the “Armana Bar” and thereafter, made them accused 2 and 4 in this case along with the aforesaid Justin Jose and another person, stating that they were engaged in planning to commit dacoity. It is further submitted that the petitioners are absolutely innocent in the matter. The learned counsel for the petitioners submitted that the petitioner in BA No.1203 of 2022 has only one criminal antecedent, which is the aforesaid Crime No. 1128 of 2021 of Wadakkancherry Police Station, while the petitioner in BA No. 1209 of 2022 has no criminal antecedents. It is further submitted that the petitioners have been in custody for 26 days and their continued detention is not necessary for the purpose of any investigation.

The learned Public Prosecutor would submit that all the accused in the case were found in a room at the “Aramana Bar”, planning to commit the offence of dacoity. It is submitted that the police had reached the place on getting information from the hotel authorities that some crime was being planned by the petitioners along with tthe other accused in the case and on conducting a search, a dummy gun and a pepper spray were recovered from the petitioners, which clearly shows that they were planning to commit an offence. It is further submitted that the petitioners are not entitled to be released on bail at this point of time.

Having regard to the facts and circumstances of the case and considering the fact that the petitioners have been in custody for 26 days, I am of the view that the petitioners can be released on bail, subject to conditions. I am of the opinion that Crime No. 188 of 2022 of Thrissur Town East Police Station, can be properly investigated without the further custody of the petitioners.

In the result, these bail applications are allowed and it is directed that the petitioners shall be released on bail subject to the following conditions:

(a) The petitioners shall execute separate bonds for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional court;

(b)Petitioners shall appear before the investigating officer in Crime No. 188 of 2022 of Thrissur Town East Police Station, Thrissur District, every Saturday at 11.00 am until the filing of final report;

(c) The petitioners shall not attempt to interfere with the investigation or to influence any witness in Crime No. 188 of 2022 of Thrissur Town East Police Station, Thrissur District;

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

If any of the aforesaid conditions is violated, the investigating officer in Crime No. 188 of 2022 of Thrissur Town East Police Station, Thrissur District, may file an application before the jurisdictional court for cancellation of bail.