Kerala High Court
Ajmal vs State Of Kerala on 4 January, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ASHOK MENON
MONDAY, THE 04TH DAY OF JANUARY 2021 / 14TH POUSHA, 1942
Bail Appl..No.8879 OF 2020
CRIME NO.1080/2020 OF Kuruppampady Police Station, Ernakulam
PETITIONER/S:
AJMAL
AGED 28 YEARS
SON OF MEERAN,PAZHAMBILLY HOUSE,PANACHIYAM
KARA,ASAMANNOOOR VILLAGE
683549
BY ADV. SRI.AJEESH M UMMER
RESPONDENT/S:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA
682031
R1 BY PUBLIC PROSECUTOR
OTHER PRESENT:
SRI.SANTHOSH PETER SR PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
04.01.2021, ALONG WITH Bail Appl..8880/2020, THE COURT ON THE SAME
DAY PASSED THE FOLLOWING:
Bail Appl..Nos.8879 & 8880 OF 2020
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ASHOK MENON
MONDAY, THE 04TH DAY OF JANUARY 2021 / 14TH POUSHA, 1942
Bail Appl..No.8880 OF 2020
AGAINST THE ORDER/JUDGMENT IN CRMC 2154/2020 DATED 16-11-2020 OF
DISTRICT COURT & SESSIONS COURT, ERNAKULAM
CRIME NO.1080/2020 OF Kuruppampady Police Station , Ernakulam
PETITIONER/S:
ASHRAF
AGED 30 YEARS
SON OF MEERAN,MUTHUVASSERY HOUSE,PANICHAYAM
KARA,ASAMANNOOR VILLAGE
683549
BY ADV. SRI.AJEESH M UMMER
RESPONDENT/S:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA
682031
R1 BY PUBLIC PROSECUTOR
OTHER PRESENT:
SMT.V.SREEJA -PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
04.01.2021, ALONG WITH Bail Appl..8879/2020, THE COURT ON THE
SAME DAY PASSED THE FOLLOWING:
Bail Appl..Nos.8879 & 8880 OF 2020
COMMON ORDER
[ Bail Appl..8879/2020, Bail Appl..8880/2020 ]
Dated this the 4th day of January 2021
Applications for regular bail under Section 439 of Cr.P.C.
The applicant in B.A. No.8879/2020 is the 8 th accused while
the applicant in B.A.No.8880/2020 is the 10 th accused in Crime
No.1080/2020 of Kuruppampady Police Station for having
allegedly committed offences punishable under Sections
120(B),365, 368, 395 of IPC. Both the applicants had earlier filed
applications for bail and the same was rejected by this Court.
These are successive bail applications filed by them. They were
arrested on 02.11.2020 and have been in custody since then.
2. The prosecution case, in brief, is that the applicants along
with other accused hatched a conspiracy to rob the de facto
complainant and on 30.10.2020 at about 03.10.p.m. at
Cherukunnam Vaikkara road, the applicants allegedly waved the
car, in which the de facto complainant was travelling and when he
slowed his car, the other accused caused hurt to him and
Bail Appl..Nos.8879 & 8880 OF 2020
kidnapped to a godown and thereafter he was robbed of
Rs.3,50,000/- which was kept in the dashboard of the car and he
was also made to sign certain documents and cheques worth
Rs.4,50,000/- and some blank stamp papers. The allegation is
that the de facto complainant's brother had some transaction with
the 1st accused and that the applicants belong to a quotation gang
and it was a professional job which was done by the accused in
the alleged act of kidnapping, robbery and assault.
3. The applicants state they are innocent and the allegations
are not true. Their earlier applications were dismissed because
the investigation was still at a nascent stage and therefore the
applicants pray that they have been in custody since 02.11.2020
and the investigation has progressed well and further incarceration
may not be necessary.
4. Heard the learned counsel for the applicants and the
learned Public Prosecutor.
5. The learned Public Prosecutor submits that the applicants
have criminal antecedents. 8th accused was involved in two other
crimes of the year 2009 and 2016, while 10 th accused was
involved in a crime of the year 2009. The offence in which the
Bail Appl..Nos.8879 & 8880 OF 2020
accused were involved in the year 2009 are for offence punishable
under Section 323 of IPC and in the year 2016, the 8 th accused
was involved an offence under Section 324 of IPC. Both these
crimes have been allegedly compounded and settled by the
accused. Therefore at present, no crime pending against them,
submits the learned counsel appearing for the applicants.
6. Considering the fact that the applicants have been in
custody since 02.11.2020, their custodial interrogation is also
over, I find that further incarceration may not necessary.
Moreover, the other co-accused have already been granted bail.
Under the circumstances, applications are allowed and the
applicants are directed to be released on bail on execution of 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 and on following conditions:-
(i) He shall appear before the investigating officer as and
when called for.
(ii) He shall not get involved in similar cases during the
currency of the bail.
(iii) He shall not tamper with evidence, intimidate or
Bail Appl..Nos.8879 & 8880 OF 2020
influence the witnesses.
` In case of violation of the bail conditions, the prosecution is
at liberty to move for cancellation of the bail before the
jurisdictional court.
SD/-
ASHOK MENON
JUDGE
rmm
