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2022 Supreme(Online)(KER) 34659

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE VIJU ABRAHAM THURSDAY, THE 27TH DAY OF OCTOBER 2022 / 5TH KARTHIKA, 1944 BAIL APPL. NO. 8190 OF 2022 AGAINST THE ORDER/JUDGMENTCRMC 1011/2022 OF DISTRICT COURT& SESSIONS COURT,MANJERI CRIME NO.262 OF 2022 OF KARIPUR POLICESTATION, MALAPPURAM PETITIONER/ACCUSED NO.1:

ARJUN. A.,AGED 25 YEARS S/O. RAJEEVAN,AYANKI HOUSE, KAPPAKADAVU,AZHIKKAL.P.O., KANNUR DISTRICT., PIN - 670009 BY ADVS.

K.K.DHEERENDRAKRISHNAN N.P.ASHA RESPONDENT/STATE:

STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM - 682031 OTHER PRESENT:

PP - NIMA JACOB THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 27.10.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

VIJU ABRAHAM, J.

................................................................. ................................................................. Dated this the 27th day of October, 2022

ORDER

This is an application for regular bail.

2. Petitioner is the 1st accused in Crime No.262 of 2022 of the Karippur Police Station, Malappuram District registered alleging commission of offences punishable under Sections 399 and 120B of the Indian Penal Code.

3. The gist of the prosecution allegation is that on 09.08.2022 at about 11.30 hours, accused No.6 came to Karippur International Airport from Jiddah in Indigo Flight bearing No. 6E/1843 by secretly carrying 974 gms of gold entrusted by one Noushad from abroad. He along with accused Nos. 1 to 5 hatched up criminal conspiracy to snatch the said gold and accordingly accused Nos. 2 to 4 came to Calicut International Airport with an intention to commit dacoity of the said gold, while accused No. 6 entrusts the same to the representative of Noushad and thus the petitioner has committed the abovesaid offences.

4. Petitioner submits that he has been falsely implicated in the abovesaid crime. Petitioner further submits that he is in custody from 27.08.2022. Petitioner has a further case that the charge sheet in the case has not been filed as on date and therefore he is entitled for statutory bail.

5. Learned Public Prosecutor upon instruction submitted that the charge sheet is not filed and therefore the petitioner is entitled for statutory bail. The learned Public Prosecutor submitted that the petitioner is involved in 14 other cases, to which the learned counsel for the petitioner submits that only four cases are now pending and the petitioner has been acquitted in all other cases..

Considering the fact that the charge sheet has not been filed in the case as on date, the petitioner is entitled for statutory bail, but taking note of the seriousness of the allegations, the same shall be on stringent conditions. In the result, the bail application is allowed. It is directed that the petitioner shall be released on bail subject to the following conditions:

(i) The petitioner shall execute a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional court.

(ii) He shall appear before the investigating officer in Crime No.262 of 2022 of the Karippur Police Station, Malappuram District on all Saturdays at 11.00 a.m. until further orders.

(iii) He shall not leave the State of Kerala without getting prior permission from the jurisdictional court.

(iv) He shall not attempt to interfere with the investigation or to influence any witness in the abovesaid crime.

(iv) He shall not involve in any other crime while on bail.

If any of the aforesaid conditions are violated, the investigating officer in Crime No.262 of 2022 of the Karippur Police Station, Malappuram District may file an application before the jurisdictional court, for cancellation of bail.

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