MUKESH P.K Vs. STATE OF KERALA

JUDGEMENT

(1.) This is an application for regular bail.

(2.) The prosecution allegation is that, at 12.00 hours on 12/11/2012 near Ganesh Mandhir at Kanhangad Durga Higher Secondary School Road of Hosdurg village, the accused have committed dacoity and taken away gold ornaments and Innova car, worth Rs.40,64,000.00 by putting the defacto complainant and his wife in fear of hurt, at knife-point.

(3.) It is the case of the petitioners that the defacto complainant had obtained transfer of certain property belonging to the mother of the 1st accused without paying any consideration for the same and thereafter, promised that an amount of Rs.50.00 lakhs will be paid to the 1st accused as consideration for the said property. It is submitted that the sister-in-law of the defacto complainant had executed an agreement and had also issued a cheque for an amount of Rs.50.00 lakhs regarding the same. The 1st accused had filed a complaint against the defacto complainant and others on 1/10/2021 alleging commission of offence punishable under sec. 420 of the IPC. The complaint which led to the registration of the Crime No.1151 of 2021 of Hosdurg Police Station was given only on 12/11/2021. It is submitted that this crime was registered only with an intention to escape the liability of payment of Rs.50.00 lakh to the 1st accused. The petitioners also submitted that the 1st accused is already granted bail by the Sessions Court, Kasaragod in Crl.MP No.3268/2021 and the 3rd accused was released on bail as per Annexure A3 order in B.A.No.2368/2022. It is further submitted that the 5th accused is also released on bail. The petitioners further submitted that they are falsely implicated in the said crime and that they were arrested on 12/5/2022 and is in custody since then.