Sreelal @ Kannan vs State Of Kerala
2021 Latest Caselaw 22192 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                 THE HONOURABLE MRS. JUSTICE SHIRCY V.
    FRIDAY, THE 5TH DAY OF NOVEMBER 2021 / 14TH KARTHIKA, 1943
                      BAIL APPL. NO. 7133 OF 2021
            CRIME NO.2116 OF 2021 OF ARYANAD POLICE STATION,
                      THIRUVANANTHAPURAM DISTRICT
AGAINST THE ORDER/JUDGMENT IN CMP 1159/2021 OF JUDICIAL MAGISTRATE
        OF FIRST CLASS -I, NEDUMANGAD, THIRUVANANTHAPURAM
PETITIONER/4TH ACCUSED:

             SREELAL @ KANNAN
             AGED 23 YEARS
             S/O. MANILAL, SHRUTHI BHAVAN, PATHARIMOLA,
             KULAPPADA P.O., UZHUMALAYKKAL VILLAGE,
             THIRUVANANTHAPURAM DISTRICT.

             BY ADV LATHEESH SEBASTIAN



RESPONDENTS/STATE & COMPLAINANT:

    1        STATE OF KERALA
             REPRESENTED BY PUBLIC PROSECUTOR,
             HIGH COURT OF KERALA, ERNAKULAM-682 031.

    2        STATION HOUSE OFFICER
             ARYANAD POLICE STATION, THIRUVANANTHAPURAM-695 540.

             SR PP - SRI.NOUSHAD K.A


     THIS    BAIL   APPLICATION   HAVING    COME   UP   FOR   ADMISSION   ON
05.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 BAIL APPL. NO. 7133 OF 2021

                                  2

                               ORDER

Application for regular bail filed under Section 439 of the Code

of Criminal Procedure.

2. The petitioner is the 4th accused in Crime No.2116 of

2021 of Aryanad Police Station registered for the offence punishable

under Section 395 of the Indian Penal Code.

3. The petitioner has been in custody since 19.08.2021.

4. The prosecution case in brief is as follows:

The defacto complainant had entered into an agreement

for sale of his property with the employer of the 1 st accused. On

12.08.2021 the defacto complainant was invited to the residence of

the 2nd accused and at 13.15 hrs, he reached there along with the

agent who intervened in the property transaction with a sum of

Rs.20 lakhs. Then the accused persons have intimidated and

threatened him with the intention to rob the money. When he

resisted the same, a sword was placed on his neck by the 2 nd

accused to put him under threat and thus criminally intimidated him

and robbed the amount of Rs.20 lakhs along with the documents in

his possession with the aid of the other accused. Thus the accused

looted the money and thereby the case has been registered against BAIL APPL. NO. 7133 OF 2021

all of them.

5. Heard the learned counsel for the petitioner as well the

learned Public Prosecutor.

6. The learned counsel for the petitioner has submitted that

this petitioner has no involvement in the alleged incident. Still he is

languishing in jail since 19.08.2021.

7. While considering the bail application submitted by some

of the other accused involved in this case, the learned Public

Prosecutor has submitted that all the documents snatched away

from the defacto complainant, are with the 1 st accused. Now it is

submitted by the learned counsel for the petitioner that he has

already been released on bail by the learned Sessions Judge. So all

the documents alleged to have been snatched away from the

possession of the defacto complainant had already been recovered.

8. Considering the fact that most of the records lost have

already been recovered by the investigating agency and bail has

been granted to most of the accused persons, I think that further

detention of this petitioner may not be necessary for the

investigating to complete the investigation. Therefore, I am inclined

to release him on bail subject to the following conditions: BAIL APPL. NO. 7133 OF 2021

(i) The petitioner shall be released on bail on his executing

bond for a sum of Rs.1,00,000/- (Rupees One lakh only) with

two solvent sureties for the like sum each to the satisfaction of

the court having jurisdiction.

(ii) The petitioner shall appear before the Investigating Officer

for interrogation as and when required by him, in writing, till

filing of the final report.

(iii) The petitioner shall not directly or indirectly, make any

inducement, threat or promise to any person acquainted with

the facts of the case so as to dissuade him from disclosing such

facts to the court or to any police officer or tamper with the

evidence.

(iv) The petitioner shall not commit any offence while on bail.

In case of violation of any of the above conditions, the learned

Magistrate is empowered to cancel the bail in accordance with the

law.

Sd/-

SHIRCY V.

JUDGE mpm