Aneesh vs State Of Kerala

Gopinath P., J

The petitioner is the accused in Crime No.1264/2021 of Vadakkancherry Police Station, Palakkad District alleging commission of offences under

Sections 380 and 411 read with Section 34 of the Indian Penal Code.

The allegation against the petitioner is that while he was working at Grocery shop he had committed theft a grocery items of Rs.5 lakhs and sold the

same to the 2nd respondent who had purchased the same with the knowledge that it was stolen property.

The learned counsel for the petitioner submits that the petitioner was arrested on 07-12-2021 and has been in custody since. It is submitted that the

2nd accused in the case had already been granted by this court through order dated 17-12-2021 in B.A. No.9700/2021. It is submitted that the

petitioner had undergone valve replacement surgery in the year 2014 and reference in this regard is made to as Annexure-2. It is submitted that the

petitioner is absolutely innocent in the matter and continued detention of the petitioner is not necessary for the purpose of proper investigation in the

matter.

The learned Public Prosecutor on instructions would submit that the investigation is only progressing and grant of bail at this stage may affect the

progress of investigation. It is submitted that the petitioner may try to influence the material witnesses in the case as he was an employee of the shop

from which the items were allegedly stolen.

Having regard to the facts and circumstances of the case, I am of the opinion that the petitioner can be granted bail subject to conditions. While

granting bail, I take note of the fact that the the petitioner has been in custody from 07-12-2021 and also the fact that 2nd respondent in the case has

already been granted bail by this court.

Therefore this bail application is allowed. The petitioner shall be released on bail, subject to the following conditions:-

(i) The petitioner 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) The Petitioner shall report before the Investigating officer in Crime No.1264/2021 of Vadakkancherry Police Station on every Saturday at 11 a.m until further orders;

(iii) The petitioner shall not attempt to interfere with the investigation, influence or intimidate the de facto complainant or any witness in Crime No.1264/2021 of

Vadakkancherry Police Station;

(iv) The petitioner shall not enter the local limits of Vadakkancherry Police Station except for the purpose of complying with condition No.(ii) above;

(v) The petitioner shall surrender his passport before the jurisdictional Court. If the petitioner does not have a passport, he shall execute an affidavit to that effect and

file the same before the jurisdictional court within seven days of release on bail;

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

If any of the aforesaid conditions are violated, the investigating officer in Crime No.1264/2021 of Vadakkancherry Police Station may file an

application before the jurisdictional Court for cancellation of bail.