ANEESH BABU MOIDEEN Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner who is the 2nd accused in Crime No.797/2006 of Mannarkkad Police Station for offences punishable under Secs.143, 147, 353 and 307 read with sec.149 I.P.C., seeks bail. The occurrence took place on 24.10.2006 at 7.30 p.m. when the accused persons are alleged to have stopped the vehicles passing along the Nellipuzha National Highway and extorted money from the passengers and drivers of the vehicles. The petitioner was arrested on 24.10.2006.

(2.) The learned Public Prosecutor opposed the application submitting inter alia that the petitioner is an accused in a similar crime and that the bail application of the 3rd accused was dismissed by this court as recent as on 4.12.2006..

(3.) The petitioner has been in custody now for 45 days. If ultimately the petitioner is found guilty, he may deserve condign punishment for the same. The fact that the petitioner is involved in another crime also is no reason to continue his pre-trial incarceration. The interests of the prosecution can also be adequately safeguarded by imposing appropriate conditions to ensure that the petitioner is made available for trial. Accordingly, the petitioner is directed to be released on bail on his executing a bond for Rs. 15,000/- (Rupees fifteen thousand only) with two solvent sureties each for the like amount to the satisfaction of the J.F.C.M., Mannarkkad, and subject to the following conditions:-