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Judgment
14 paragraphs · 366 wordsBechu Kurian Thomas, J
This is an application for regular bail filed under Section 439 of the Code of Criminal Procedure, 1973.
Petitioner is the accused in Crime No.706 of 2022 of Kunnathunadu Police Station, Ernakulam District, registered for the offences punishable under Sections 450 and 394 of the Indian Penal Code, 1860.
The prosecution case is that, on 19.10.2022, the accused trespassed into the house of the defacto complainant and snatched away her gold chain after sprinkling chilly powder, and thereby committed the offences alleged.
Sri.Dileep P.V., the learned counsel for the petitioner submitted that prosecution allegations are false and that the alleged recovery has already been effected and, hence, no further detention is necessary.
Sri.Noushad K.A., the learned Public Prosecutor, opposed the grant of bail and submitted that the investigation is still continuing and hence bail ought not to be granted to the petitioner.
A perusal of the case diary reveals that prima facie there are materials on record to connect the petitioner with the crime. However, since petitioner was remanded to judicial custody on 20.10.2022, I am of the view that the continued detention of the petitioner is not required in the circumstances of the case. Therefore, the petitioner is entitled to be released on bail.
In the result, this application is allowed on the following conditions:-
(a) Petitioner shall be released on bail on him executing 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
(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 the country without the permission of the jurisdictional Court.
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.