Kerala High Court
Ajmal Salim vs State Of Kerala on 21 November, 2019
Author: V Raja Vijayaraghavan
Bench: V Raja Vijayaraghavan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
THURSDAY, THE 21ST DAY OF NOVEMBER 2019 / 30TH KARTHIKA, 1941
Bail Appl..No.8547 OF 2019
CRIME NO.1250/2019 OF Konni Police Station, Pathanamthitta
PETITIONER/5TH ACCUSED:
AJMAL SALIM,
AGED 22 YEARS,
S/O.SALIM, RESIDING AT SAS COTTAGE, AYRAKUZHY.P.O,
KADAKKAL, KOLLAM DISTRICT, PIN-691559.
BY ADVS.
SRI.J.R.PREM NAVAZ
SHRI.SUMEEN S.
RESPONDENTS/STATE & DE FACTO COMPLAINANT:
STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, PIN-682031.
SRI RAMESH CHAND, PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 21.11.2019,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Bail Appl..No.8547 OF 2019 2
ORDER
This application is filed under Section 438 of the Code of Criminal Procedure.
2. The applicant herein is the 5th accused in Crime No.1250 of 2019 of the Konni Police Station registered under Section 380 of the IPC.
3. According to the prosecution, on 25.10.2019, the accused No.4 in the aforesaid crime and the applicant herein were found along with three others in a suspicious circumstance within the limits of Kadakkal Police Station. Crime No. 1902 of 2019 of the Kadakkal Police Station was registered under Section 41(1) and 102 of the Cr.P.C. In the course of investigation, it was revealed that accused Nos.1 to 3 had committed theft of two bikes from Koodal and Konni and thereafter, contacted the 4 th accused and the applicant for selling the same. With full knowledge that the bikes were stolen, the applicant along with the 4 th accused are alleged to have gone to Kadakkal to procure the bikes. Receiving information about the clandestine deal, the police reached the spot. However, accused Nos. 1 to 3 managed to make good their escape. The applicant herein and the 4 th accused were taken into custody.
4. Sri.J.R.Prem Navaz, the learned counsel appearing for the applicant, submits that the applicant is a student at the NITTE Institute of Bail Appl..No.8547 OF 2019 3 Speech and Hearing at Mangalore and he has nothing to do with the theft committed by accused Nos. 1 to 3. It is further submitted that the applicant was arrested in connected with Crime No.1902 of 2019 of the Kadakkal Police Station on 25.10.2019 and he was released on bail only on 02.11.2019.
5. Heard the learned Public Prosecutor, who has opposed the prayer.
6. I have considered the submissions advanced and have perused the records. There are materials to suggest that the applicant is a student. Even according to the prosecution, the theft was committed by accused Nos. 1 to 3. Records also show that he had undergone prolonged incarceration in Crime No.1902 of 2019. There is no case for the prosecution that the applicant is involved in any other crimes. In the facts and circumstances, I am of the view that the custodial interrogation of the applicant is not required for an effective investigation in the instant case.
In the result, this application will stand allowed. The applicant shall appear before the Investigating Officer within ten days from today and shall undergo interrogation. Thereafter, if he is proposed to be arrested, he shall be released on bail on his executing a bond for a sum of Rs.50,000/- (Rupees Fifty thousand only) with two solvent sureties each for the like sum. The above order shall be subject to the following conditions: Bail Appl..No.8547 OF 2019 4
i) The applicant shall co-operate with the investigation and shall appear before the Investigating Officer on all Saturdays between 9 a.m. and 11 a.m., for two months or till final report is filed, whichever is earlier.
ii) He shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/ her from disclosing such facts to the court or to any police officer.
iii) He shall not commit any similar offence while on bail.
In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law.
Sd/-
RAJA VIJAYARAGHAVAN V JUDGE DSV/21.11.19