Kerala High Court
Rakesh vs State Of Kerala on 26 December, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
TUESDAY, THE 26TH DAY OF DECEMBER 2023 / 5TH POUSHA, 1945
BAIL APPL. NO. 10724 OF 2023
CRIME NO.1534/2023 OF Perumbavoor Police Station, Ernakulam
AGAINST THE ORDER/JUDGMENT CRMC 3136/2023 OF DISTRICT COURT &
SESSIONS COURT, ERNAKULAM
PETITIONER/ACCUSED :-
RAKESH, AGED 36 YEARS
S/ORAMESHAN, KOCHUMANAPPADAM HOUSE,
MAVINCHUVADU BHAGHAM, MANJALI KARA,
KARUMALLOR VILLAGE,
ERNAKULAM DISTRICT, PIN - 683511
BY ADVS.
SANTHOSH KUMAR V.P.
SAJEEVAN KURUKKUTTIYULLATHIL
VISHNU PRABHAKAR V.S.
AKSHAY SHYLESH
ADWAITHA UDAYAN
SUMODH M.
RESPONDENT/COMPLAINANT :
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA THROUGH STATION HOUSE OFFICER,
PERUMBAVOOR POLICE STATION, ERNAKULAM, PIN - 682031
BY SMT.REKHA S, SR.PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
26.12.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 10724 OF 2023
2
P.G. AJITHKUMAR, J.
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B.A.No. 10724 of 2023
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Dated this the 26th day of December, 2023
ORDER
This is an application for bail filed under Section 439 of the Code of
Criminal Procedure, 1973.
2. The petitioner is the 4th accused in Crime No.1534 of 2023 of
Perumbavoor Police Station. The offences alleged are punishable under
Sections 511 of 364A and 395 of the Indian Penal Code.
3. Heard the learned counsel for the petitioner and the learned
Public Prosecutor.
4. The prosecution allegation is on 07.10.2023 at about 3.00 pm,
the petitioner along with the remaining accused forcibly attempted to abduct
the defacto complainant by taking him in a car and threatened him with the
intention of extorting money. It is further alleged that the applicants and
other accused obtained Rs.1 lakh from him and forcibly got executed a sale
letter of Innova Car of the defacto complainant in favour of the accused
No.1.
5. The petitioner would contend that he did not involve in the
BAIL APPL. NO. 10724 OF 2023
alleged crime and without any material or evidence, he has been implicated
in the crime. He is innocent. The investigation in the matter has been
progressed considerably and there is no reason or justification for his further
detention.
6. The Sub Inspector of Police, Perumbavoor Police Station has
submitted a report, through the learned Public Prosecutor, objecting the grant
of bail to the petitioner.
7. Going by the allegations in the First Information statement and
also the materials available on record, the role of the petitioner is to aid the
first accused in getting the sale note executed. It is true that the petitioner has
involved in another crime involviing an offence under Section 307 of the IPC
which is pending trial. Accused Nos.1, 2 5 and 6 have already been granted
bail by this Court. The petitioner has been in custody since 10.10.2023. The
investigation is at its fag end.
8. Considering the aforesaid aspects, I am of the view that the
further detention of the petitioner is unnecessary and the petitioner is entitled
to be released on bail subject to conidtions.
In the result, the bail application is allowed and the petitioner is
granted bail on his executing a bond for Rs.50,000/- (Rupees fifty thousand
only), with two solvent sureties for the like amount each, to the satisfaction
BAIL APPL. NO. 10724 OF 2023
of the learned Magistrate, subject to the following conditions:
(i) He shall not influence or intimidate witnesses or tamper with
evidence;
(ii) He shall appear before the investigating officer as and when
called for; and
(iii) During the bail period, he shall not get involved in any
offence.
In case of breach of the bail conditions, the prosecution shall be at
liberty to apply for cancellation of the bail before the jurisdictional court.
Sd/-
P.G. AJITHKUMAR,
JUDGE
SMA
BAIL APPL. NO. 10724 OF 2023
APPENDIX OF BAIL APPL. 10724/2023
PETITIONER ANNEXURES :-
Annexure A1 THE COPY OF THE ORDER IN CRL.M C 3136/23
DISMISSED ON 04/11/2023 OF HON'BLE
PRINCIPAL DISTRICT AND SESSIONS COURT,
ERNAKULAM
Annexure A3 A COPY OF FIR IN CRIME NO. 1534 OF 2023 OF
PERUMBAVUR POLICE STATION IN ERNAKULAM
RURAL DOWNLOADED FROM THE WEBSITE OF
KERALA POLICE DATED 10/10/2023
