Achu Santhosh vs State Of Kerala

Viju Abraham, J

This is an application for regular bail.

Petitioners are arrayed as accused Nos.1 to 3 in Crime No.317 of 2022 of Cherpu Police Station, alleging commission of offences punishable under Sections 380, 457, 461 r/w 34 of the Indian Penal Code.

The allegation of the prosecution case is that on 19.04.2022 at about 1.00 am, the petitioners committed trespass into the house of one Madusoodhan at Kodakara Manakulangara and committed theft of 6 gold coloured bangles, one weighing machine, bank passbooks and ATM card and thereby they committed the aforesaid offences. Petitioners are in custody from 20.04.2022.

Learned Public Prosecutor seriously opposed the bail application mainly contending that the petitioners are involved in several other crimes and proceedings under the KAAPA Act has been initiated against the first accused. Learned counsel for the petitioners contended that proceedings against the first accused under the ‘KAAPA’ has been set aside by this court in WP(Crl) No.474 of 2021 as per judgment dated 06.04.2022.

Having regard to the facts and circumstances of the case, and considering the fact that the petitioners are in custody from 20.04.2022 onwards, I am inclined to grant bail to the petitioners subject to stringent conditions. In the result, the bail application is allowed. It is directed that the petitioners shall be released on bail, subject to the following conditions:

(i) The petitioners shall execute bond for a sum of Rs.50,000/-(Rupees fifty thousand only) with two solvent sureties each for the like-sum to the satisfaction of the jurisdictional court;

(ii) Petitioners shall appear before the investigating officer in Crime No.317 of 2022 of Cherpu Police Station two days in a week on every Wednesday and Saturday at 11 am, until filing of final report;

(iii) The petitioners shall not attempt to interfere with the investigation or to influence or intimidate the defacto complainant or any witness in Crime No.317 of 2022 of Cherpu Police Station.

(iv) The petitioners shall not enter the local limits of the Cherpu police station, Thrissur District where the defacto complainant is residing except for the purpose of complying with condition No.(ii) above.

(v) The petitioners shall surrender their passport before the jurisdictional court. If the petitioners does not have a passport, they shall execute an affidavit to that effect and file the same before the said court within seven days of release on bail;

(vi) The petitioners shall not involve in any other crime while on bail.

If any of the aforesaid conditions are violated, the investigating officer in Crime No.317 of 2022 of Cherpu Police Station may file an application before the jurisdictional court, for cancellation of bail.