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2022 Supreme(Online)(KER) 47026
HIGH COURT OF KERALA
VIJU ABRAHAM, J
MUHAMMED NIYAZ K.V @ NIYAS KALATHIL – Appellant
Versus
STATE OF KERALA – Respondent
Bail Appl./9161/2022
V.R.GOPU, K.PRIYADERSINI, ADIL.M.H, URMILA.M.G
The court emphasized the importance of balancing the right to bail with the need to ensure a fair investigation, applying stringent conditions to minimize risk of interference.
Headnote:
Bail - Criminal Conspiracy - IPC Section List - This case involves an application for regular bail for the petitioner accused of criminal conspiracy and robbery, interpreting provisions related to bail, custody, and conditions for release under the Indian Penal Code.
Fact of the Case:
The petitioner, accused No.3 in a police case, was involved in an alleged criminal conspiracy to rob gold and phones from an individual arriving at an airport, with the prosecution asserting he has been in custody since the crime occurred.
Finding of the Court:
The court granted bail after noting that co-accused had been granted bail earlier and that the petitioner had no prior criminal record, while also imposing stringent conditions for his release to prevent interference with the investigation.
Issues: Whether the petitioner should be granted bail despite the ongoing investigation and the nature of the allegations against him.
Ratio Decidendi: The court considered the principles of bail, the lack of previous criminal antecedents of the petitioner, and the fact that co-accused had already been granted bail, concluding that bail could be granted under specific conditions.
Final Decision: Bail application allowed with stringent conditions.
ORDER
This is an application for regular bail.
2. The petitioner is accused No.3 in Crime No. 433/2022 of Karippur Police Station, Malappuram District alleging commission of offences punishable under Sections 399 and 120(B) of the Indian Penal Code .
3. The prosecution allegation is that on 28.10.2022 at 21.00 hrs, the 5th accused, who arrived at Calicut International Airport in IX 354 AIR INDIA from Sharja was illegally carrying gold weighing 54 gms and 2 iPhones which were entrusted by one Jabar for giving it to his agent. The accused in furtherance of their common object to commit dacoity hatched criminal conspiracy to rob the gold and phones and as part of the same transaction the accused Nos.1 to 4 arrived at Calicut International Airport in vehicle bearing registration numbers KL-58-AD-6969 & KL-58-AG-1577 and thereby the accused have committed the aforesaid offences.
4 .The learned counsel for the petitioner submitted that the petitioner has been falsely implicated in the above said crime. It is also submitted that the petitioner is in custody from 28.10.2022 onwards.
5. The learned Public Prosecutor seriously opposed the bail application and upon instructions submitted that a gold chain and the iPhones were seized. The accused could not produce any documents to prove that tax was paid for the said properties. The learned Public Prosecutor further submitted that investigation is going on and that the petitioner has no other criminal antecedents.
6. It is seen that by order dated 14.11.2022, in B.A.
No.9083/2022, this Court has granted bail to accused Nos. 1, 2, 4 and 5. Considering the above fact and that the petitioner is in custody from 28.10.2022 onwards, I am inclined to grant bail to the petitioner subject to 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 a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like-sum to the satisfaction of the jurisdictional court;
(ii) Petitioner shall appear before the investigating officer in Crime No. 433/2022 of Karippur Police Station, Malappuram District on every Saturday at 11 am, until filing of final report;
(iii) The petitioner shall not attempt to interfere with the investigation or to influence or intimidate the defacto complainant or any witness in Crime No. 433/2022 of Karippur Police Station, Malappuram District;
(iv) The petitioner shall not involve in any other crime while on bail.
If any of the aforesaid conditions are violated, the investigating officer in Crime No. 433/2022 of Karippur Police Station, Malappuram District may file an application before the jurisdictional court, for cancellation of bail.
