Aneesh Babu vs State Of Kerala

Shircy V, J

This application for regular bail has been filed by the petitioner who is the sole accused in Crime No.1664 of 2021 of Aluva East Post Station registered for the offences punishable under Section 379 of the Indian Penal Code.

The petitioner has been in custody since 3.9.2021.

The prosecution allegation is that this petitioner has committed theft of a motor cycle bearing Reg.No.KL 41 Q-1581 worth Rs.1,15,000/- belonged to the son of the defacto complainant which was parked in the courtyard of his house in Kadungalloor village between 10.00 p.m on 19.08.2021 and 4.00 a.m on 20.08.2021 and thus this crime has been registered against the petitioner.

Heard the learned counsel for the petitioner as well the learned Public Prosecutor.

The learned counsel for the petitioner would submit that he is totally innocent of the allegations levelled against him. In fact while he was undergoing incarceration in connection with another case registered by the Punnapra police, his arrest was recorded in this case on the basis of the statement given by the co-accused. In fact he has not committed any offence as alleged by the prosecution. The motor cycle was also recovered even before his arrest. Hence, this application.

The learned Public Prosecutor submitted that this petitioner is not involved in any crime other than the crime registered before the Punnapra Police. The petitioner is aged only 22 years. The motor cycle involved in this case had already been recovered. The investigation of the case has also progressed considerably.

Considering all the facts and circumstances involved in this case, I do not think that further detention of this petitioner is required for the investigating agency to proceed with the investigation and to file the final report. Therefore, I am inclined to release him on bail subject to the following conditions.

(i) The petitioner shall be released on bail on his executing bond for a sum of Rs.1,00,000/- (Rupees one lakh only) with two solvent sureties for the like sum each to the satisfaction of the court having jurisdiction.

(ii) The petitioner shall appear before the Investigating Officer for interrogation as and when required by him, in writing, till filing of the final report.

(iii) The petitioner shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence.

(iv) The petitioner shall not commit any offence while on bail.

In case of violation of any of the above conditions, the jurisdictional court is at liberty to cancel the bail in accordance with the law.