Kerala High Court
Bail Appl./9471/2021 of ROJAN PAUL, Vs STATE OF KERALA, on 31 December 2021
COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH FRIDAY, THE 31ST DAY OF DECEMBER 2021 / 10TH POUSHA, 1943 BAIL APPL. NO. 9471 OF 2021 CRIME NO.1515/2021 OF Fort Kochi Police Station, Ernakulam AGAINST THE ORDER IN CRMC 2523/2021 OF II ADDITIONAL DISTRICT
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
FRIDAY, THE 31[ST] DAY OF DECEMBER 2021 / 10TH POUSHA, 1943
BAIL APPL. NO. 9471 OF 2021
CRIME NO.1515/2021 OF Fort Kochi Police Station, Ernakulam AGAINST THE ORDER IN CRMC 2523/2021 OF II ADDITIONAL DISTRICT
COURT,ERNAKULAM
PETITIONER/2ND ACCUSED:
ROJAN PAUL,AGED 41 YEARSS/O.PAUL, RESIDING AT VALANTHARA HOUSE, KATTIPARAMBU, KANNAMALI, NOW RESIDING AT VALANTHARA HOUSE, EZHUPUNNA.
BY ADV D.LEEMA ROSY
RESPONDENT/COMPLAINANT
:
STATE OF KERALA,REPRESENTED BY CIRCLE INSPECTOR OF POLICE, FORT KOCHI POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.
SMT.T.V.NEEMA, PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON31.12.2021, ALONG WITH Bail Appl..9797/2021, THE COURT ON THE SAMEDAY DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAMPRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
FRIDAY, THE 31[ST] DAY OF DECEMBER 2021 / 10TH POUSHA, 1943
BAIL APPL. NO. 9797 OF 2021
CRIME NO.1515/2021 OF Fort Kochi Police Station, Ernakulam AGAINST THE ORDER/JUDGMENT IN CRMC 2523/2021 OF IIADDITIONAL DISTRICT COURT,ERNAKULAM
PETITIONER/1ST ACCUSED:
ANIL KUMAR V.V @ THAMPI,AGED 43 YEARSS/O.VISWANATHAN PILLAI, RESIDING AT THOCHINIKAM, ANANVATHIL, MATTANCHERRY, NOW RESIDINGA T VALIYAVEETTIL, POLAKANDAM, KARUVELIPADY.BY ADV D.LEEMA ROSY
S/O.VISWANATHAN PILLAI, RESIDING AT THOCHINIKAM, RESPONDENT/COMPLAINANT:
STATE OF KERALA,REPRESENTED BY CIRCLE INSPECTOR OF POLICE, FORT KOCHI POLICE STATIN THROUGH THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA-682 031.
SMT.T.V.NEEMA, PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON31.12.2021, ALONG WITH Bail Appl..9471/2021, THE COURT ONTHE SAME DAY DELIVERED THE FOLLOWING:
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O R D E R
[Bail Appl. Nos.9471/2021, 9797/2021]
Both these applications are filed u/s 439 of Code of Criminal Procedure by the accused Nos.1and 2 seeking regular bail. B.A.No.9797/2021has been filed by the 1[st]accused andB.A.No.9471/2021 has been filed by the 2[nd]accused.
2. The petitioners are the accused Nos.1and 2 in Crime No.1515/2021 of Fort KochiPolice Station. The offences alleged are underSections 341, 324, 506(ii) and 394 read withSection 34 IPC.
3. The prosecution case in short is that on26.10.2021 at about 2.50 pm, the petitionershave committed robbery of Rs.1,000/- byboarding into a service bus bearingregistration No.KL-07-BB-9810 owned by the defacto complainant, which was parked at FortKochi private bus stand and the petitionerstogether have wrongfully restrained the defactocomplainant and the conductor of the bus andthereby committed the offence.
4. Heard both sides and perused the casediary.
5. The learned counsel for the petitionerssubmitted that the petitioners are absolutelyinnocent and they have been falsely implicatedin the present case. He further submitted thatthere are no materials to connect thepetitioners with the alleged crime and hencethey are entitled to get bail. The learnedPublic Prosecutor opposed the bail application.She contended that the alleged incidentoccurred as a part of the intentional criminalacts of the petitioners and if the petitionersare released on bail at this stage, it would affect the course of investigation.
Conclusion
6. Perusal of the case diary would revealthat prima facie there are materials on recordto connect the petitioners with the crime.However, the petitioner in B.A.No.9797/2021 wasarrested on 29.11.2021 and the petitioner inB.A.No.9471/2021 was arrested on 29.10.2021. Inview of the nature of the crime and the stageof investigation, I do not find any reason tohold that the continued detention of thepetitioners is required for any purpose. Theinvestigation seems to have reached a fairstage.For all these reasons, the petitionersare entitled to be released on bail onconditions.
In the result, the application is allowed onthe following conditions:-
(i) The petitioners shall be released onbail on executing a bond for Rs.1,00,000/- (Rupees One lakh only) each with two solvent sureties for the like sum each to thesatisfactionofthejurisdictional Magistrate/Court.
(ii) The petitioners shall fully co-operate with the investigation.
(iii) The petitioners shall appear beforethe investigating officer between 10.00 a.m and11.00 a.m on every Saturday until furtherorders. The petitioners shall also appearbefore the investigating officer as and whenrequired by him.
(iv) offence of like nature while on bail.
The petitioners shall not commit any
(v) The petitioners shall not make any
attempt to contact any of the prosecution witnesses, directly or through any otherperson, or any other way try to tamper with theevidence or influence any witnesses or other persons related to the investigation.
(vi) The petitioners shall not leaveState of Kerala without the permission of thetrial Court.
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Sd/-
DR. KAUSER EDAPPAGATHJUDGE