Balu vs State Of Kerala

Gopinath P., J

The petitioner is the accused in Crime No.1934/2021 of Aluva East Police Station, Ernakulam District alleging commission of offence under Section

394 of the Indian Penal Code.

The allegation against the petitioner is that he along with the other accused assaulted the de facto complainant, threatened to kill him and snatched

away a gold chain and robbed the mobile phone of the de facto complainant together with Rs.500/- and also took away the motor cycle of the de

facto complainant.

The learned counsel for the petitioner submits that the petitioner was arrested on 24-10-2021 and has completed 87 days in custody. It is submitted

that recovery is completed and continued detention of the petitioner is not necessary for the purpose of investigation. It is submitted that other accused

in the case have already been released on bail.

The learned Public Prosecutor on instructions would submit that there are 7 other cases reported against the petitioner including cases alleging

commission of offence punishable under Section 302 of the Indian Penal Code. It is submitted that grant of bail to the petitioner may result in similar

crime being committed in future. It is submitted that the case is under investigation and the release of the petitioner at this stage may not be conducive

to the prosecution.

Having regard to the facts and circumstances of the case and considering the fact that the petitioner has been in custody for 87 days and further

considering the fact that he is entitled to statutory bail on completion of 90 days in custody, I am of the view that the petitioner can be granted bail

subject to conditions.

In the result this bail application is allowed. It is directed that the petitioner shall be released on bail, subject to the following conditions:-

(i) The 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) The Petitioner shall report before the Investigating officer in Crime No.1934/2021 of Aluva East Police Station on every Saturday at 11 a.m till filing of the final

report;

(iii) The petitioner shall not attempt to interfere with the investigation, influence or intimidate the victim or any witness in Crime No.1934/2021 of Aluva East Police

Station;

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

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

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If any of the aforesaid conditions are violated, the Investigating officer in Crime No.1934/2021 of Aluva East Police Station may file an application

before the jurisdictional Court for cancellation of bail.