Ajeesh and others v. The Station House Officer, Valayar Police Station, Palakkad and State of Kerala

``` IN THE HIGH COURT OF KERALA AT ERNAKULAM ``` ## _`PRESENT`_ ``` THE HONOURABLE MR. JUSTICE A. BADHARUDEEN ``` ``` WEDNESDAY, THE 22[ND] DAY OF MARCH 2023 / 1ST CHAITHRA, 1945 ``` ## _`BAIL APPL. NO. 2183 OF 2023`_ ``` AGAINST THE ORDER/JUDGMENTBail Appl. 645/2023 OF HIGH COURT OF KERALA ``` ## _`PETITIONER/S:`_ ``` 1AJEESH AGED 34 YEARS S/O. LATE ARUMUGHAN, MADATHIL HOUSE, IRATTAKULAM, NALLEPPILLY P.O., PALAKKAD, PIN - 678553 2ARJUN SURESH AGED 25 YEARS S/O. SURESH, POTHANAKKAN CHALLA, VILAYODI P.O., CHITTOOR, PALAKKAD, PIN - 678103 3RAJEEV AGED 33 YEARS S/O. RADHAKRISHNAN, CHERUNELLI, ERATTAKULAM, PALAKKAD, PIN - 678622 4SATHEESH AGED 34 YEARS S/O. LATE KRISHNANKUTTY, VADAKKANTHARA COLONY, NALLEPPILLY, CHITTOOR, PALAKKAD, PIN - 678101 5UMESH KRISHNAN AGED 33 YEARS , S/O. UNNIKRISHNAN, PULIKKODE HOUSE, MUTTIKULANGARA, PALAKKAD, PIN - 678594 BY ADVS. T.R.TARIN P.K.ANIL ``` ## _`RESPONDENT/S:`_ ``` 1THE STATION HOUSE OFFICER VALAYAR POLICE STATION, PALAKKAD, PIN - 678624 2STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 ``` ## _`OTHER PRESENT:`_ ``` T V NEEMA SR PP ``` ``` THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` B.A. No. 2183 of 2023 ``` ``` ..2.. ``` ## **O R D E R** ## **Dated this the 22[nd] day of March, 2023** This is a petition filed under Section 439 of the Code of Criminal Procedure, by accused Nos. 1 to 4, 6 and 7 in Crime No. 546/2022 of Walayar Police Station. 2. Heard the learned counsel for the petitioners as well as the learned Public Prosecutor. Perused the case diary and the materials placed by the learned Public Prosecutor. 3. The prosecution allegation is that, at 5.00 am on 06.12.2022, as directed by the 8[th] accused, 9[th] accused placed lorry bearing registration No.KL-54-L-8826 and restrained movement of Ritz car bearing registration No.KL-10-AV-9437 owned and driven by the defacto complainant with intention to rob him. Further allegation is that, thereafter, the accused herein beat on the side glass door of the car by using an iron rod. Thereby, the door glass was broken. That apart, the defacto complainant also sustained injury on his lip and tooth, as a ``` B.A. No. 2183 of 2023 ``` **==> picture [31 x 7] intentionally omitted <==** result of the same. Then the accused brought out the defacto complainant from the car and manhandled. Further, the accused have attacked one Basheer, who accompanied the defacto complainant in the said car. The prosecution allegation further is that, the accused have robbed away Rs.10,07,000/- (Rupees Ten lakh seven thousand only) and mobile phones of the defacto complainant and Basheer. The allegation against the 6th accused is that he had given shelter to accused Nos.1 to 4 for hiding and also given a mobile sim in his name to the first accused to hatch conspiracy and to commit the crime, as a sequal thereof. On this premise, the prosecution alleges commission of offences punishable under Section 341, 364, 394, 395, 120(B) and 212 of IPC. Thus very serious offence are alleged to be committed by the accused herein, except accused No.6. 4. The learned public prosecutor placed case diary and materials highlighting the criminal antecedents of the accused No.1, 2, 3 and 7 as under: ``` B.A. No. 2183 of 2023 ``` ``` ..4.. ``` ## “( **A1) Ajeesh** - _1) Kasaba Cr.No.606/2010 U/s 143, 147, 148, 341, 323, 324, r/w 149 IPC_ - _2) Kozhinjampara PS Cr. No. 334/12 U/s 341, 323, 324 IPC._ - _3) Town South PS Cr.No.797/13 U/s. 341, 323, 324, 294 (b) r/w 34 IPC._ - _4) Kasaba PS Cr.No.593/2018 U/s 143, 147, 148, 341, 323, 308, 427 r/w 149 IPC._ - _5) Kasaba PS Cr.No.992/2021 U/s 394, 395, 399, 411, 412, 414, 120 (b), 201, 109, 216(A) IPC._ - _6) Tamilnadu, Tirupur District Madathukulam PS Crime No. 495/2015 U/s. 397,414 IPC._ ## **(A2) Arjun Suresh.** - _1) Kasaba PS Cr.No.992/2021 U/s 394,395,399, 411, 412, 414, 120 (b), 201, 109, 216(A) IPC._ ## **(A3) Rajeev** - _1) Kasaba PS Cr.No.579/2008 U/s 143, 147, 148, 447, 294(b), 324 r/w 149 IPC._ ``` B.A. No. 2183 of 2023 ``` ``` ..5.. ``` - _2) Kasaba PS Cr.No.593/2018 U/s 143, 147, 148, 341, 323, 308, 427 r/w 149 IPC._ - _3) Kasaba PS Cr.No.508/2022 U/s 341, 323, 324, 506 r/w 34 IPC._ ## **(A7) Umesh Krisnan** - _1) Tamilnadu, Tirupur District Madathukulam PS Crime No. 495/2015 U/s. 397, 414 IPC”_ 5. Earlier the petitioners along with accused No. 6 filed bail Application vide B.A. No. 645/2023 and the same was not pressed while pursuing regular bail to the 6[th] accused whose complicity was found to be much less. Accordingly, this court granted regular bail to the 6[th] accused and dismissed the application of the petitioners herein. It is submitted by the learned counsel appearing for the petitioners that the petitioners have been in custody from 08.01.2023 and the money alleged to be procured by the accused was seized. It is also submitted that this court granted bail to accused Nos. 5, 8, and 9 as per order dated 02.03.2023 vide order in B.A. Nos. 754 & 1561 of ``` B.A. No. 2183 of 2023 ``` **==> picture [31 x 7] intentionally omitted <==** 2023. It is true that earlier the learned counsel appearing for the petitioners had not pressed the relief for regular bail noticing the premature stage of investigation. As of now, the investigation has achieved much progress, as read out from the prosecution records. However, the criminal antecedents reported in relation to the petitioners, is noted with extreme displeasure. At the same time, taking note of the substantive improvement in the investigation and in consideration of the petitioners custody from 08.01.2023 onwards, the petitioners can be enlarged on bail on imposing stringent conditions and one among the conditions is that the petitioners shall not indulge or involve in any other crime during the currency of bail hereby granted and any such event, if reported, or came to the notice of this court, the same by itself shall be a reason to cancel the bail hereby granted. Therefore, this petition stands allowed. The petitioners are enlarged on bail, on conditions:- ``` B.A. No. 2183 of 2023 ``` ``` ..7.. ``` - i. The petitioners shall be released on bail on his executing bond for Rs.50,000/(Rupees Fifty Thousand Only) each with two solvent sureties, each for the like amount to the satisfaction of the Jurisdictional court concerned. - ii. The petitioners shall not intimidate the witnesses or tamper with evidence. They shall co-operate with the investigation and shall be available for trial. - iii. The petitioners shall appear before the Investigating Officer as and when directed, apart from appearing before the Investigating Officer on all Mondays between 9 am and 10 am, for a period of two months. - iv. The petitioners shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with ``` B.A. No. 2183 of 2023 ``` **==> picture [31 x 7] intentionally omitted <==** the facts of this case, so as to dissuade him from disclosing such facts to the court or to any police office v. The petitioners shall not involve or indulge in any other crime during the currency of bail and any such event, if reported, or came to the notice of this court, the same alone shall be a reason to cancel the bail hereby granted. **Sd/-** **A. BADHARUDEEN JUDGE** RMV ``` B.A. No. 2183 of 2023 ``` ``` ..9.. ``` ## _`APPENDIX OF BAIL APPL. 2183/2023`_ ``` PETITIONER ANNEXURES Annexure1A COPY OF THE ORDER IN BA NO. 645/2023 DATED 8.2.2023 ``` ## _`RESPONDENTS' EXHIBITS:NIL`_ ## _`TRUE COPY`_ ``` P.A.TO JUDGE ```