Aneesh vs State Of Kerala

Bechu Kurian Thomas, J

This is an application seeking regular bail filed under Section 439 of the Code of Criminal Procedure, 1973.

Petitioner is the sole accused in Crime No.975/2022 of the Anchal Police Station, Kollam, alleging offences under Sections 392 and 397 of the Indian Penal Code, 1860.

The prosecution case is that on 28.07.2022, while the defacto complainant was on her way back home, the accused approached her in a car and forcibly snatched her gold chain, after putting the defacto complainant in fear of death, by pointing a knife at her and thereby committed the offences alleged.

Shri.Vishnu Bhuvanendran, the learned counsel for the petitioner, contended that the entire allegations are false and that the incident as alleged had not taken place. It was further submitted that on an earlier occasion, this Court had rejected the bail application by order dated 25.08.2022 in B.A.No.6400/2022 and that almost 50 days have elapsed since the date of detention and therefore, the continued detention ought not to be permitted.

Smt.M.K.Pushpalatha, the learned Public Prosecutor opposed the grant of bail and contended that the petitioner has committed a serious crime and releasing him on bail at this juncture would prejudice the investigation.

I have considered the rival contentions. The petitioner is a young man of 23 years. Even though the allegations are serious in nature, the continued detention of the petitioner is not required for the purpose of investigation, especially since he was arrested on 29.07.2022.

Accordingly, I allow this bail application and direct the release of the petitioner on the following conditions:

(a) Petitioner shall execute a bond for Rs.50,000/-(Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction.

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

(c) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence or contact the defacto complainant or her family members.

(d) Petitioner shall not commit any similar offences while he is on bail.

(e) Petitioner 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.