Kerala High CourtMuhammed Muhasin C vs State Of Kerala on 23 December, 2022IN THE HIGH COURT OF KERALA AT ERNAKULAM\n                                 PRESENT\n                 THE HONOURABLE MR.JUSTICE VIJU ABRAHAM\n     FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944\n                      BAIL APPL. NO. 10041 OF 2022\n   CRIME NO.321/2022 OF NEDUMBASSERY POLICE STATION, Ernakulam\nPETITIONER/ACCUSED NO.4:\n\n            MUHAMMED MUHASIN C, AGED 28 YEARS\n            CHERUMALAYIL, KANJIRAKKUNNU,KACHERIPARAMBU,\n            PALAKKAD DISTRICT, PIN - 678601.\n\n            BY ADVS.\n            VISHNU DAS\n            TINU JOHNSON\n            SRUTHI DAS\n            JISHMA K.S\n            MARIA NEETHU T.J\n            ANJITHA ANIL KUMAR\n            ANAGHA A.S.\n\n\nRESPONDENT/S:\n\n    1       STATE OF KERALA\n            REPRESENTED BY PUBLIC PROSECUTOR,\n            HIGH COURT OF KERALA, PIN - 682031.\n\n    2       STATION HOUSE OFFICER\n            NEDUMBASSERY POLICE STATION,\n            ERNAKULAM, KERALA, PIN - 683111.\n\n\n            PP SRI.M.C.ASHI\n\n\n     THIS   BAIL   APPLICATION   HAVING    COME   UP   FOR   ADMISSION   ON\n23.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:\n BAIL APPL. NO. 10041 OF 2022\n                                     2\n\n\n                        VIJU ABRAHAM, J\n\n                     BA No.10041 of 2022\n                              rd\n          Dated this the 23        day   of    December, 2022\n\n                           O R D E RThis is an application for anticipatory bail.th2.    The petitioner is arrayed as the 4                   accused in\n\nCrime     No.321/2022    of        Nedumbassery         Police     Station,\n\nErnakulam District alleging commission of offences punishable\n\nunderSection 394of Indian Penal Code, 1860.3.    The prosecution case in the Annexure A3 FIR is\n\nthat on 01.12.2021 at about 06.30 am, in front of Dynamic\n\nCompany in Kondotti Road, Chowara Village, the accused Nos.\n\n1 to 5 with an intention to extort money from the defacto\n\ncomplainant, obstructed the vehicle driven by the defacto\n\ncomplainant   and   threatened       the      defacto   complainant    and\n\nrobbed Rs.1,50,000/- (Rupees one lakh fifty thousand only)\n\nkept under the dash of the scooter seat and thereby the\n\naccused has committed the abovesaid offences.4.    Heard the learned counsel for the petitioner and\n\nthe learned Public prosecutor.BAIL APPL. NO. 10041 OF 202235.    The learned counsel for the petitioner submitted\n\nthat the petitioner has been falsely implicated in the aforesaid\n\ncrime.    The petitioner has a specific case that even going by\n\nthe FIR the date of occurrence is on 01.12.2021 and the\n\ncomplaint was lodged only on 05.05.2022 almost after five\n\nmonths.     The petitioner further submitted that Annexure-A1\n\nwas lodged by the Perumbavoor Police Station and the place\n\nof occurrence mentioned in the FIR is Keezhmadu Village near\n\nMahilalayam Bridge. Subsequently the crime was transferred\n\nto Aluva East Police station and renumbered on the ground\n\nthat the place of occurrence is under the limits of Aluva East\n\nPolice    Station.    Again    the       crime   was    transferred    to\n\nNedumbassery Airport Police station and it is renumbered on\n\na finding that place of occurrence is within the jurisdiction of\n\nNedumbassery Police Station.6.    The       learned   Public      Prosecutor    opposed      the\n\napplication for bail mainly contending that the petitioner is\n\nalso present along with the other accused and the petitioner\n\nis involved in three other cases.7.    Considering the facts and circumstances of the case\n     BAIL APPL. NO. 10041 OF 20224and the nature of the allegations and taking into consideration\n\nthat three FIR have been registered in respect of the same\n\ncrime and dispute regarding the place of occurrence and\n\nfurther that FIR has been lodged after more than five months,\n\nI    am    of    the        opinion    that    custodial    interrogation   of   the\n\npetitioner      may         not   be    required    for     the   purpose   of   the\n\ninvestigation and only a limited custody be granted for the\n\nsame, I am inclined to grant anticipatory bail to the petitioner.In the result, this application is allowed. Petitioner\n\nshall surrender before the investigating officer in                          Crime\n\nNo.321/2022            of     Nedumbassery         Police    Station,   Ernakulam\n\nDistrict        on 29.12.2022 at 11 am and make himself available\n\nfor interrogation on that day or any other day/days as directed\n\nby the investigating officer.                  The petitioner shall co-operate\n\nwith the investigation. It is directed that in the event of arrest\n\nof the petitioner in Crime No.321/2022 of Nedumbassery Police\n\nStation, Ernakulam District                   he shall be produced before the\n\nJurisdictional Court on the same day and he shall be released\n\non bail     subject to the following conditions:-(i) The petitioner            shall execute a bond for a\n BAIL APPL. NO. 10041 OF 20225sum of        Rs.50,000/- (Rupees fifty thousand\n\n       only) with two solvent sureties each for the\n\n       likesum       to    the       satisfaction       of      the\n\n       Jurisdictional Court,(ii) The petitioner shall appear before the\n\n       investigating officer in Crime No.321/2022 of\n\n       Nedumbassery         Police       Station,     Ernakulam\n\n       District     at 11.00 am until filing of the final\n\n       report,(iii) Petitioner      shall        report        to      the\n\n       investigating officer as and when required for\n\n       the investigation,(iv)   The    petitioner   shall       not    attempt     to\n\n       influence the defacto complainant or interfere\n\n       with   the    investigation       or   to    influence    or\n\n       intimidate any witness in Crime No.321/2022\n\n       of Nedumbassery Police Station, Ernakulam\n\n       District(v) The petitioner shall not involve in any\n\n       other crime while on bail.BAIL APPL. NO. 10041 OF 20226If any of the aforesaid conditions are violated, the\n\ninvestigating officer in Crime No.321/2022 of Nedumbassery\n\nPolice Station, Ernakulam District      may file an application\n\nbefore the jurisdictional Court, for cancellation of bail.It is made clear that it is within the power of the police\n\nto investigate the matter and if necessary to effect recoveries\n\non the information if any given by the petitioner even when\n\nthe petitioner is    on bail as per the judgment of the Apex\n\nCourt inSushila Aggarwal and others v. State (NCT of Delhi)\n\nand another(2020 (1) KHC 663).sd/-VIJU ABRAHAM, JUDGE\n\n\nR.AV