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2022 Supreme(Online)(KER) 17373
HIGH COURT OF KERALA
VIJU ABRAHAM, J
ARJUN. A – Appellant
Versus
STATE OF KERALA – Respondent
Bail Appl./8169/2022
K.K.DHEERENDRAKRISHNAN, N.P.ASHA
A court may grant bail in serious offenses, balancing the need for justice and individual rights, especially when the accused have already spent considerable time in custody.
Headnote:
Bail - Criminal Conspiracy - Indian Penal Code Section List - This case involved an application for bail concerning serious charges including criminal conspiracy to commit dacoity, highlighting the court's discretion in granting bail even under serious allegations, emphasizing the need for stringent conditions despite the nature of the charges.
Fact of the Case:
The petitioners, accused in a criminal case concerning dacoity linked to gold smuggling, claimed they were falsely implicated. They were arrested in September 2022, and the prosecution argued against bail due to the seriousness of the allegations.
Finding of the Court:
The court recognized the petitioners' extended custody and noted the differing opinions on the number of cases against the first petitioner. Given the circumstances, the court decided to grant bail while imposing stringent conditions.
Issues: Whether the petitioners are entitled to bail given the seriousness of the charges and their alleged involvement in a criminal conspiracy.
Ratio Decidendi: Bail can be granted even in serious cases if the accused have been in custody for a significant duration, provided strict conditions are placed to ensure compliance with the legal process.
Final Decision: Bail granted with stringent conditions.
ORDER
This is an application for regular bail.
2. Petitioners are accused Nos.66 to 69 in Crime No.175 of 2021 of the Karippur Police Station, Malappuram District registered alleging commission of offences punishable under Sections 399 , 402, 120B, 216 and 212 of the Indian Penal Code .
3. The gist of the prosecution allegation is that accused have hatched up a criminal conspiracy to commit dacoity of gold smuggled by Muhammed Shafeek Melethil, a passenger of Air India flight Al-938 which came to Karippur Airport at 2.30 a.m. on 21.06.2021 and most of all the accused came in different vehicles to the Airport and thus the accused have committed the abovesaid offences.
4. Petitioners submit that they have been falsely implicated in the abovesaid crime. Petitioners 1 and 2 were arrested on 14.09.2022 and petitioners
3 and 4 were arrested on 17.09.2022.
5. Learned Public Prosecutor opposed the application for bail mainly contending that the 1st petitioner is involved in 14 other cases. To which the learned counsel for the petitioners submits that only four cases are now pending and the 1st petitioner has been acquitted in all other cases.
Considering the facts and circumstances of the case and also taking note of the fact that petitioners 1 and 2 are in custody from 14.09.2022 and petitioners 3 and 4 are in custody from 17.09.2022, I am inclined to grant bail to the petitioners, 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 petitioners shall be released on bail subject to the following conditions:
(i) The petitioners shall execute a bond for Rs.50,000/- (Rupees fifty thousand only) each with two solvent sureties each for the like sum to the satisfaction of the jurisdictional court.
(ii) They shall appear before the investigating officer in Crime No.175 of
2021 of the Karippur Police Station, Malappuram District on all Saturdays at 11.00 a.m. until further orders.
(iii) They shall not leave the State of Kerala without getting prior permission from the jurisdictional court.
(iv) They shall not attempt to interfere with the investigation or to influence any witness in the abovesaid crime.
(iv) They shall not involve in any other crime while on bail.
If any of the aforesaid conditions are violated, the investigating officer in Crime No.175 of 2021 of the Karippur Police Station, Malappuram District may file an application before the jurisdictional court, for cancellation of bail.
