Kerala High Court
Anoop 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. 10725 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 :-
ANOOP, AGED 33 YEARS
S/ORAHIM, PUTHENPARAMBIL HOUSE,
NADUVILATHATTU 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.
RESPONDENTS/COMPLAINANT :-
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
BY SMT. SEETHA. 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. 10725 OF 2023
2
P.G. AJITHKUMAR, J.
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B.A.No. 10725 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 3rd 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. 10725 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, it is seen that the petitioner had aided
the first accused in getting the questionable document executed. Accused
Nos.1, 2 5 and 65 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. He is therefore 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 of
the learned Magistrate, subject to the following conditions:
(i) He shall not influence or intimidate witnesses or tamper with
evidence;
BAIL APPL. NO. 10725 OF 2023
(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. 10725 OF 2023
APPENDIX OF BAIL APPL. 10725/2023
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 A2 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
