Adarsh vs State Of Kerala
2021 Latest Caselaw 17949 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
                   THE HONOURABLE MR. JUSTICE GOPINATH P.
    WEDNESDAY, THE 1ST DAY OF SEPTEMBER 2021 / 10TH BHADRA, 1943


                        BAIL APPL. NO. 6493 OF 2021
    CRIME NO.1078/2021 OF Pandalam Police Station, Pathanamthitta
   AGAINST THE ORDER/JUDGMENT IN CRMC 1350/2021 OF DISTRICT COURT&
            SESSIONS COURT,PATHANAMTHITTA, PATHANAMTHITTA


PETITIONER/ACCUSED No.4:

            ADARSH
            AGED 30 YEARS
            S/O. SASIDHARAN, ANANDA VILASOM, THONNALLOOR VEDI
            JUNCTION, KADAKKAD NORTH MURI, KURAMPALA VILLAGE,
            PANDALAM, ADOOR TALUK, PATHANAMTHITTA DISTRICT-689 501.

            BY ADVS.
            E.ADITHYAN
            MEERA RAMESH



RESPONDENT/STATE:

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

            BY SRI. C.N. PRABHAKARAN, P.P.


     THIS   BAIL     APPLICATION   HAVING    COME   UP   FOR   ADMISSION   ON
01.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 BA No.6493/2021                           -2-

                                       ORDER

The petitioner is the 4 th accused in Crime No. 1078/2021 of Pandalam Police

Station, Pathanamthtta District. The gist of the allegation against the petitioner is that

the petitioner is the master mind behind the incident resulting in accused 1 to 3 going

to the house of the de-facto complainant and committing robbery. The crime was

therefore registered against the accused 1 to 3 and the petitioner as the 4 th accused

under Section 450 and 394 read with Section 34 of of IPC. The petitioner was arrested

on 26-07-2021 and has been in custody since that date. The learned Public Prosecutor

would submit that he is awaiting written instructions, though he has received

instructions over telephone from the Investigating officer. He submits that the

instructions received by him over telephone would reveal that the petitioner is the

master mind of the robbery carried out in the house of the de-facto complainant and

that he had arranged accused 1 to 3 to commit crime. He also submits that though the

petitioner himself has no criminal antecedents, accused 1 to 3 have criminal

antecedents. He strongly refutes the suggestion made by the learned counsel for the

petitioner that the only allegation against the petitioner was that his vehicle was used

by respondents 1 to 3 to reach house of the de-facto complainant. This is also evident

from the the case diary which is read out in court by the learned counsel for the

petitioner.

2. Considering the facts and circumstances of the case and considering the

fact that the petitioner is in custody from 26-07-2021 and that recovery has already

been effected and since for the purpose of investigation further custodial interrogation

of the petitioner may not be required, I am inclined to allow this application for bail

subject to conditions. In the result this application is allowed.-

(i) The petitioner shall be released on bail on executing a bond for a sum of

Rs.1,00,000/- with two solvent sureties each for a like sum to the satisfaction of

the Judicial First Class Magistrate Court, Adoor.

(ii) The petitioner shall not interfere with the investigation in any manner and shall

not attempt to influence any witness.

(iii) The petitioner shall not engage in any other criminal activity while on bail.

(iv) The petitioner shall report before the Investigating officer, namely the Sub

Inspector Police, Pandalam Police Station on every Saturday between 10 a.m.

and 11 a.m. until he is informed in writing by the Sub Inspector of Police that his

continued appearance is not required.

If any of these conditions are violated, it is open for the prosecution to move the

J.F.C.M, Adoor for cancellation of bail.

Sd/-

GOPINATH P.

JUDGE

AMG