Kerala Aug 31(ILNS): The Kerala High Court granted bail to five accused in the Rs 3.5-crore robbery that took place on the National Highway 544, near Kodakara overbridge on April 3, 2021.
A Single-Judge Bench comprised of Justice K. Haripal passed this order on August 27, while hearing bail applications filed by one Rouf and other accused under Section 439 of CrPC in a case registered against them at Kodakara Police Station.
This was the second bail application moved by the applicants. Their first bail plea was rejected earlier by the Court on the ground that further investigation was still underway.
The highway robbery had allegedly taken place on April 3, 2021, at 04:40 a.m, near Kodakara over-bridge on the National Highway, NH 544.
The crime was registered on April 7, alleging an offense punishable under Section 395 of the IPC, alleging that some identifiable persons had robbed the informant Rs 25 lakh, while he was traveling from Kozhikkode to Ernaklulam in a car.
During the course of an investigation, it came out that the actual amount involved was Rs 3.5 crore. The 22 persons including the accused had actually committed robbery and those who had hatched conspiracy and shared the booty have been brought to book. A final report has been laid against 22 persons. All the 22 persons have been arrested also.
By the order dated August 13, bail was granted to 10 accused persons in six bail applications, out of the 22 accused. The main consideration for granting bail was laying of the final report by the police, the Court noted.
The Court also found that even though it is stated that it was only a preliminary report, overwhelming grounds were not urged for the continued detention of the accused. The very same reasoning was applicable here also.
Even though the Additional Director General of Prosecution has opposed the applications for bail, borrowing the very same reasoning in granting bail to the other 10 accused, these petitioners also can be released on bail, the Court said. It granted bail to the accused on the following conditions:-
(i) The petitioners shall execute a bond for Rs one lakh each with two solvent sureties each for the like sum to the satisfaction of the jurisdictional court;
(ii) They shall surrender their passports within ten days from the date of release on bail before the jurisdictional court. If they do not possess passports, affidavits shall be filed to that effect;
(iii) They shall not try to contact or influence the witnesses or tamper with the evidence;
(iv) They shall not enter Thrissur revenue district except for the purpose of attending courts, until further orders;
(v) They shall not involve in any crime during the period on bail;
(vi) They shall appear before the jurisdictional court/committal court as and when required;
(vii)Petitioners shall strictly follow the various guidelines issued by the State and Central Governments with respect to the keeping of social distancing in the wake of Covid 19 pandemic;
(viii) If any of the above conditions are violated by the petitioners, the jurisdictional Court will be at liberty to cancel the bail in accordance with law./ILNS/AP/SNG