Amaravati vs State Of Kerala

Bechu Kurian Thomas, J

This is an application for regular bail under section 439 of the Code of Criminal Procedure 1973.

Petitioners are accused Nos. 1 and 2 in Crime No.1635 of 2023 of Central Police Station, Ernakulam district, alleging offences under Sections 454 and 380 r/w Section 34 of the Indian Penal Code, 1860.

According to the prosecution, on 01.04.2023, petitioners trespassed into the office of the defacto complainant at Kera Bhavan, Ernakulam and committed theft of copper hose connectors worth Rs.20,000/- and thereby committed the offences alleged.

I have heard Sri.Santhosh M.J., the learned counsel for the petitioners and Smt.Neema T.V., the learned Public Prosecutor.

Even though, it was submitted that petitioners are involved in other crimes, for the same offences, I am of the view that further detention of the petitioners is not essential, considering the period of detention already undergone, and also since recovery of the stolen articles has already been effected. Therefore, petitioners are entitled to be released on bail on conditions.

Accordingly, I allow this bail application on the following conditions :-

(a) Petitioners shall be released on bail on them executing a bond for Rs.50,000/- (Rupees fifty thousand only) each with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction.

(b) Petitioners shall appear before the Investigating Officer as and when required.

(c) Petitioners shall not intimidate or attempt to influence the witnesses; nor shall they tamper with the evidence.

(d) Petitioners shall not commit any similar offences while they are on bail.

(e) Petitioners shall not leave India without the permission of the Court having jurisdiction.

In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law, notwithstanding the bail having been granted by this Court.