Asmabi.P vs State Of Kerala

Gopinath P., J

1.This is an application for regular bail.

The petitioner is the 4th accused in Crime No.294/2021 of Chevayur Police Station, Kozhikode District, alleging commission of offences under Section 394 r/w. Section 34 of the Indian Penal Code.

The allegation against the petitioner is that on 1.6.2021 at about 1.00 p.m., the petitioner along with three other accused voluntarily caused hurt to the de facto complainant at her house near Presentation School and committed theft of 9 ¼ sovereigns of gold ornaments from her and thereby they committed the offences alleged against them.

The learned counsel for the petitioner submit that the petitioner is absolutely innocent in the matter and that she has been falsely implicated. It is submitted that the petitioner has in custody for 51 days and her continued detention is not necessary for the purposes of any investigation. It is submitted that the petitioner is a 48 year old lady and she may be directed to be released on bail subject to strict conditions.

Heard the learned Public Prosecutor also.

The learned Public Prosecutor opposes the grant of bail. It is submitted that there is an earlier antecedent reported against the petitioner in as much as she was alleged to have forced her minor daughter into prostitution, though in that case she was ultimately acquitted. It is submitted that the fact that the petitioner was accused in such a case shows her propensity to involve in similar activities. It is submitted that the grant of bail at this stage may not be conducive to the prosecution.

The learned counsel for the petitioner submits that, following investigation into the crime, a final report has already been filed in the matter. It is also submitted that on account of the fact that the petitioner has been acquitted in the earlier case, the same may not be treated as a ground to deny bail in this case.

Having regard to the facts and circumstances of the case and considering the fact that a final report has already been filed in the matter and also taking into account the fact that the petitioner has been in custody for 51 days, I am of the opinion that the petitioner can be granted bail subject to conditions.

In the result, the bail application is allowed and it is directed that the petitioners shall be released on bail subject to the following conditions:

(i) Petitioner shall execute a 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) Petitioner shall appear before the investigating officer in Crime No. 294/2021 of Chevayur Police Station whenever called upon to do so;

(iii) The petitioner shall not attempt to influence any witness in Crime No. 294/2021 of Chevayur Police Station;

(iv) 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. 294/2021 of Chevayur Police Station may file an application before the jurisdictional Court for cancellation of bail.